Reply - H14(a) Introduction of the Section 85

COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, February 10, 2025

HEADED ITEM NO. 14 (a)

HEADED ITEM: C. Performance and Change Management Directorate

SECTION 85 WITH DUBLIN CITY COUNCIL ON THE RIVER PODDLE FLOOD ALLEVIATION SCHEME – FOR APPROVAL

REPLY:

Management of the construction of the River Poddle Flood Alleviation on behalf of Dublin City Council by South Dublin County Council.

(Proposed Agreement under Section 85 of the Local Government Act 2001) FOR APPROVAL

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.

Introduction

The River Poddle flows through both the administrative areas of South Dublin County Council (SDCC) and Dublin City Council (DCC).

When the River Poddle Flood Alleviation Scheme (FAS) commenced in 2019, the River Poddle FAS Steering Group was formed which consists of representatives from both authorities and the Office of Public Works (OPW), who are funding the scheme.

Following the formation of the Project Steering Group, it was defined under a Memorandum of Understanding with the Office of Public Works, that South Dublin County Council (SDCC) shall act as the Employer/Contracting Authority for all aspects of the Project and shall:

Be responsible for the day-to-day management and running of the project
be the central point of contact for all matters relating to the project and that South Dublin County Council
Appoint a Project Manager/Co-ordinator for this purpose.

The scheme is currently in Stage 4 – Construction Stage which commenced in April 2024.

Works

To deliver the scheme, construction works are required in 3 areas within the administrative area of Dublin City Council. These being:

Ravensdale Park, Dublin 12.
St Martins Drive, Dublin 12.
Mount Argus Close, Dublin 6W.

Agreement

It is now proposed to enter into a formal agreement with DCC regarding the SDCC management and supervision of the construction of the works in the DCC administrative areas listed. This requires a Section 85 agreement, which is attached along with the relevant drawings.

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 under Section 85 of the Local Government Act 2001 with Dublin City Council for the Management of the construction of the River Poddle Flood Alleviation Scheme on behalf of Dublin City Council by South Dublin County Council.”