COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, November 13, 2023

HEADED ITEM NO. 15

HEADED ITEM: C. Performance and Change Management Directorate

SECTION 85 AGREEMENT WITH KILDARE  – FOR APPROVAL

REPLY:

Section 85 of the Local Government Act, 2001 allows for an agreement to be put in place regarding the carrying out of functions by one local authority on behalf of another.

Time to Move on from Congregated Settings – A strategy for Community Inclusion” was adopted as national policy in 2012. The policy recommends a person-centred approach where every person is enabled and supported to lead the life they want. This is line with international evidence, with new models of residential services now being developed so that people with disabilities will be supported to live “ordinary lives in ordinary places”. Under the policy, people living in congregated settings now have the opportunity and the right to move to a home of their choice in the community.

Cheeverstown is committed to moving towards full community integration and community-based supports. With the support of the HSE and County Council partnerships, Cheeverstown who are based in South Dublin County are actively seeking community-based homes that meet the needs the needs of persons with a disability.

An opportunity has arisen for Cheeverstown to partner with Co-Operative Housing Ireland (CHI) and four bungalows have been identified in a new housing development in Kill, Co Kildare. CHI have submitted a CAS application to Kildare County Council to acquire the four new homes.

This is a rare opportunity to influence the design of bungalows at an early stage so that the houses are fully accessible to meet the needs of persons with an intellectual disability who also require specific environmental adaptations to meet their physical needs. These houses will provide a long-term home to 6-7 persons currently on the South Dublin County Council housing list.

The Department of Housing, Local Government and Heritage and the Housing Agency have been notified in relation to the application and have no objections. Given the nature of the housing need both South Dublin and Kildare County Council would also be supportive of facilitating the proposal.   

As the making of an agreement under Section 85 of the Local Government Act 2001 is a reserved function, it will be necessary for the following motion to be passed by this Council:

“That South Dublin County Council enters into an agreement with Kildare County Council under Section 85 of the Local Government Act 2001, whereby Kildare County Council permits South Dublin County Council to allocate 4 social housing units provided under the Capital Assistance Scheme by Co-Operative Housing Ireland at Hillfort, Kill, Co. Kildare where both of the following criteria apply to nominees for the properties:

1.    Social housing applicants of South Dublin County Council

2.    Are residents of Cheeverstown House, Kilvare, Templeogue, Dublin 6W 

When the criteria at 1 and 2 above cannot be met Kildare County Council will have nomination rights to the properties at Hillfort, Kill, Co. Kildare which are the subject of this Section 85 agreement."