COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, July 09, 2018

HEADED ITEM NO.12a

HEADED ITEM: C. Performance and Change Management Directorate

REPORT ON THE PROPOSED SECTION 85 AGREEMENT WITH DUN LAOGHAIRE/RATHDOWN REGARDING THE DELIVERY OF THE DUBLIN URBAN RIVERS LIFE PROJECT

REPLY:

South Dublin County Council submitted a final application for EU LIFE funding in April 2018 and was successfully granted EU funding for this project which aims to address the issue pollution in urban rivers primarily caused by domestic misconnections to the surface water drainage system. The Project is a collaboration between South Dublin County Council and Dun Laoghaire/Rathdown County Council. The total project cost is estimated at €2.54 million over a four year period from August 2018 to June 2022.  SDCC will be the lead authority on the project.

Two rivers have been identified for water quality improvement. The River Griffeen in South Dublin County and the Carrickmines Stream in Dun Laoghaire-Rathdown County. The Project has six main elements as follows:

At the Environment SPC meetings updates have been given to members under the River Basin Management programme.

Section 85 of the Local Government Act 2001 provides:-

(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.

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 Dun Laoghaire/Rathdown County Council in respect of the proposed Dublin Urban Rivers LIFE Project whereby South Dublin County Council will act as lead authority and will be enabled to carry out work as may be necessary in the Administrative area of Dun Laoghaire/Rathdown County Council to allow for the work to be undertaken.”