Minutes 2006

Minutes of the Adjourned Ordinary Meeting of Sligo County Council held on 11th September 2006 at 11.00am in the Council Chamber, County Hall, Riverside, Sligo.

MEMBERS PRESENT:

Baker,
Barrett,
Barry,
Bree,
Cawley,
Colleary,
Conmy,
Devins,
Fleming,
Fox,
Gormley,
Healy McGowan,
Henry,
Higgins,
Kilgannon,
Leonard,
Lundy,
McGarry,
McGrath,
McLoughlin,
Mullaney,
Queenan,
Sherlock

OFFICIALS IN ATTENDANCE:

Mr H. Kearns, County Manager
Ms D. Clarke, Director of Services
Mr S. Concannon, Director of Services
Mr P. Forkan, Director of Services
Mr D. Breen, A/Director of Services
Mr. T. Kilfeather, Head of Finance
Mr K. Larkin, Senior Engineer
Mr J. McHugh, Senior Engineer
Mr F. Moylan, Senior Engineer
Mr. J. Moran, Administrative Officer
Ms. J. McNamara, Administrative Officer
Mr. F. O’Driscoll, Senior Executive Engineer
Mr. B. Ward, Assistant Planner
Mr T. Carroll, Senior Engineer
Mr F. MacNabb, Meetings Administrator
Ms D. Finnerty, Senior Executive Officer
Ms F. Meagher, Senior Executive Planner
Mr C. McNamara, Staff Officer
Mr N. Ballantyne, Technician
Ms S. Ryan, Heritage Officer
Ms Mihaela Davidescu, Executive Planner
Ms T. Dunleavy, Clerical Officer
Ms L. Conlon, Clerical Officer

CATHAOIRLEACH:

The Cathaoirleach, Councillor J. McGarry presided.

1. MINUTES OF ORDINARY MEETING HELD ON 3RD JULY 2006:

Proposed by Councillor T. McLoughlin
Seconded by Councillor P. Conmy

AND AGREED

"That minutes of Ordinary Meeting held on 3rd July 2006 are hereby confirmed".

2. MINUTES OF THE ANNUAL MEETING HELD ON 26TH JUNE 2006:

Proposed by Councillor M. Gormley
Seconded by Councillor J. Sherlock

AND AGREED

"That minutes of Annual Meeting held on 26th June 2006 are hereby confirmed".

3. MINUTES OF SLIGO/DRUMCLIFFE AREA MEETING ON 10TH APRIL 2006:

Proposed by Councillor I. Fox
Seconded by Councillor P. Barry
AND AGREED
That minutes of Sligo/Drumcliffe held on 10th April 2006 are hereby confirmed".

4. SECTION 183: DISPOSAL OF LAND AT GRANGE:

Proposed by Councillor P. Barry
Seconded by Councillor T. McLoughlin

AND AGREED

"To approve, pursuant to section 183 of the local Government Act 2001 the disposal of land at Grange".

5. SECTION 183: DISPOSAL OF PROPERTY AT COOLANEY:

Proposed by Councillor M. Gormley
Seconded by Councillor J. Lundy

AND AGREED

"To approve, pursuant to section 183 of the local Government Act 2001 the disposal of land at Coolaney".

6. PART 8: DWELING HOUSE, SEPTIC TANK AND PERLOCATION AREA AT KNOCKNAHOO TD., GURTEEN:

Proposed by Councillor M. Gormley
Seconded by Councillor P. McGrath

AND AGREED

"To approve in accordance with Part 8 of the Local Government (Planning and Development) Regulations 2001 the provision of a dwelling house, septic tank and perlocation area, and association site development works at Knocknahoo Td., Gurteen, Co. Sligo".

7. PART 8: DWELLING HOUSE, ACCESS ONTO PUBLIC ROAD AT BUNNAMUCK TD., RATHMULLEN, BALLYMOTE:

Proposed by Councillor P. McGrath
Seconded by Councillor J. Sherlock

AND AGREED

"To approve in accordance with Part 8 of the Local Government (Planning and Development) Regulations 2001 the provision of a dwelling house, access onto public road and all associated site development works at Bunnamuck Td, Rathmullen, Ballymote, Co. Sligo".

8. PART 8: DWELLING HOUSE, SEPTIC TANK AND PERLOCATION AREA AT CARNAGARK TD, BALLINFULL:

Proposed by Councillor P. Barry
Seconded by Councillor A. Higgins

AND AGREED

"To approve in accordance with Part 8 of the Local Government (Planning and Development ) Regulations 2001 the provision of a dwelling house, septic tank and percolation area, and all associated site development works at Carnagark Td., Ballinfull, Co. Sligo".

9. PART 8: PROVISION OF NEW BRIDGE AND ROAD WORKS AT BALLYNARY, ANNAGHLOY TD, LOUGH ARROW:

Proposed by Councillor G. Mullaney
Seconded by Councillor J. Sherlock

AND AGREED

"To approve in accordance with Part 8 of the Local Government (Planning and Development) Regulations 2001 the provision of a new bridge and associated road works at Balllynary, Annaghloy Td, Lough Arrow.

10. DRAFT MINI PLANS: FOR CARNEY, COOLANEY/ROCKFIELD AND DROMORE WEST:

Carney Draft Mini Plan;

Proposed by Cllr S. Kilgannon
Seconded by Cllr J. Devins

“Proposed areas marked on the map A, B and C be included for Housing Development”

As agreement could not be reached in relation to this motion the Cathaoirleach asked that a Poll be taken.

For: Baker, Barry, Colleary, Conmy, Devins, Fleming, Healy McGowan, Henry, Higgins, Kilgannon, Lundy, McGarry, McLoughlin, Mullaney, Queenan, and Sherlock.

Against: Barrett, Bree, Leonard, and McGrath.

As a result was 16 for votes to 4 against, the resolution was carried.

Proposed by Cllr J. McGarry
Seconded by Cllr. J. Devins

AND AGREED

“On the draft zoning map, modify the indicative route starting at Lissadell road so that it connects with Cashelgarron road through lands zoned for residential use located to the north of completed 20 house cul de sac known as Cloch Oir estate”.

Proposed by Councillor J. Devins
Seconded by Councillor S. Kilgannon

AND AGREED

“That the dotted black line representing connection through Sliabh Mor Estate be removed from the zoning map pertaining to Carney mini-plan”.

Proposed by Councillor S. Kilgannon
Seconded by Councillor J. Devins

AND AGREED

“That we, the Members of Sligo County Council, having considered the proposed variation of the County Development Plan, Described as Variation No. 1 – Carney Mini-Plan, and the Manager’ s report (dated 17 August 2006) on the submissions and observations received under Subsection (3) of Section 13 of the Planning and Development Act 2000, hereby resolve to make the said variation with the modifications recommended in the Manager’s report and the further modifications agreed by resolution at this meeting”.

Cllr Leonard dissented.

Coolaney-Rockfield Mini Plan;

Proposed by Councillor M. Gormley
Seconded by Councillor M. Fleming

AND AGREED

“That the proposed link road servicing the park and ride facility be excluded from the plan. Section shown on attached map to be excluded A to B”.

Proposed by Councillor M. Fleming
Seconded by Councillor M. Gormley

AND AGREED

“That the area marked 2.6 on the map provided with the managers report be zoned as community use (existing garda station)”.

Proposed by Councillor M. Fleming
Seconded by Councillor A. Colleary

AND AGREED

“That a 10 metre wide strip of land be transferred to Sligo County Council to be used for a proposed river walk amenity area with family lands zoned to provide housing for family members as per attached map”.

Proposed by Councillor J. Lundy
Seconded by Councillor P. McGrath

“To include reduced section as per map No. 10 Coolaney - Rockfield for light industrial and zoned for that purpose (coloured red on map)”.

As agreement could not be reached in relation to this motion the Cathaoirleach asked that a Poll be taken.

For: Baker, Barrett, Barry, Colleary, Conmy, Devins, Fleming, Fox, Gormley, Healy McGowan, Henry, Higgins, Kilgannon, Lundy, McGrath, McLoughlin, Mullaney, Queenan, Sherlock.

Against: Bree, Cawley.

Abstained : McGarry

As the Result was 19 for, 2 against and 1 abstention, the resolution was carried.

Proposed by Councillor D. Bree
Seconded by Councillor V. Cawley

“That the area marked 2.2 on the map provided with the management report be excluded from the Mini Development Plan”.

As agreement could not be reached in relation to this motion the Cathaoirleach asked that a Poll be taken.

For: Bree, Cawley

Against: Baker, Barrett, Barry, Colleary, Conmy, Devins, Fleming, Fox, Gormley, Healy McGowan, Henry, Higgins, Kilgannon, Lundy, McGrath, McLoughlin, Mullaney, Queenan, Sherlock.

Abstained : McGarry

As the Result 2 for, 19 against and 1 abstention the resolution was lost.

Proposed by Councillor D. Bree
Seconded by Councillor V. Cawley

“That the area marked 2.3 on the map provided with the manager’s report be excluded from the Mini Development Plan”.

As agreement could not be reached in relation to this motion the Cathaoirleach asked that a Poll be taken.

For: Bree, Cawley, McGarry.

Against: Baker, Barrett, Barry, Colleary, Devins, Fleming, Fox, Gormley, Healy McGowan, Henry, Higgins, Kilgannon, Lundy, McLoughlin, Mullaney, Queenan, and Sherlock.

As the Result 3 for and 17 against, the resolution was lost.

Proposed by Councillor D Bree
Seconded by Councillor V. Cawley

“That the area marked 2.5 and 10 on the map provided with the manager’s report be excluded from the Mini Development Plan”.

This motion was not taken as the matter was already dealt with.

Proposed by Councillor D. Bree
Seconded by Councillor V. Cawley

“That the area marked 2.1 on the map provided with the manager’s report be excluded from the Mini Development Plan”.

As agreement could not be reached in relation to this motion the Cathaoirleach asked that a Poll be taken.

For: Bree, Cawley, McGarry

Against: Baker, Barrett, Barry, Colleary, Conmy, Devins, Fleming, Fox, Gormley, Healy McGowan, Henry, Higgins, Kilgannon, Lundy, McGrath, McLoughlin, Mullaney, Queenan, Sherlock.

As the Result 3 for and 19 against, resolution was lost.

Proposed by Councillor V. Cawley
Seconded by Councillor D. Bree

“That the area marked 2.4 and 5 on the map provided with the manager’s report be excluded from the Mini Development Plan”.

As agreement could not be reached in relation to this motion the Cathaoirleach asked that a Poll be taken.

For: Bree, Cawley, McGarry

Against: Baker, Barrett, Barry, Colleary, Conmy, Devins, Fleming, Fox, Gormley, Healy McGowan, Henry, Higgins, Kilgannon, Lundy, McGrath, McLoughlin, Mullaney, Queenan, Sherlock.

As the Result 3 for and 19 against the resolution was lost.

Proposed by Councillor V. Cawley
Seconded by Councillor D. Bree

AND AGREED

“That the area marked 2.7 on the map provided with the manager’s report be zoned as community use. (Parochial Land).

Proposed by Councillor V. Cawley
Seconded by Councillor D. Bree

AND AGREED

“That the junction of the L-2803 and L-2801 is included in the plan for realignment”.

Proposed by Councillor V. Cawley
Seconded by Councillor D. Bree

AND AGREED

“That the area marked 2.6 on the map provided with the manager’s report be zoned as community use. (Existing Garda Station).

Proposed by Councillor V. Cawley
Seconded by Councillor D. Bree

AND AGREED

“That the L-2101, L-2803, L-2801 be included in the plan for upgrading”.

Proposed by Councillor D. Bree
Seconded by Councillor V. Cawley

“That it is stated in the final plan wording that no further planning will be granted by Sligo County Council in the Coolaney/Rockfield areas when the capacity of the WWTP is reached (2500 PE)”.

As agreement could not be reached in relation to this motion the Cathaoirleach asked that a Poll be taken.

For: Bree, Cawley, McGarry

Against: Baker, Barrett, Barry, Colleary, Conmy, Devins, Fleming, Fox, Gormley, Healy McGowan, Henry, Higgins, Kilgannon, Lundy, McLoughlin, Mullaney, Queenan, Sherlock.

As the Result 3 for and 18 against the resolution was lost.

Proposed by Councillor D. Bree
Seconded by Councillor V. Cawley

AND AGREED

“That the rights of way shown on the map provided with the manager’s report are included in the final map”.

Proposed by Councillor A. Colleary
Seconded by Councillor M. Fleming

“That submission no. 9 in Manager’s report (Noel Deane) – that these lands be zoned residential”.

As agreement could not be reached in relation to this motion the Cathaoirleach asked that a Poll be taken.

For: Baker, Barrett, Barry, Colleary, Conmy, Devins, Fleming, Fox, Healy McGowan, Henry, Higgins, Kilgannon, Lundy, McGrath, McLoughlin, Mullaney, Queenan, and Sherlock.

Against: Bree, Cawley, McGarry.

Abstained : Gormley

As the Result 18 for, 3 against and 1 abstention the resolution was carried.

Proposed by Councillor M. Fleming
Seconded by Councillor A. Colleary

“That land coloured orange on map attached be zoned residential”.

As agreement could not be reached in relation to this motion the Cathaoirleach asked that a Poll be taken.

For: Baker, Barrett, Barry, Cawley, Colleary, Conmy, Devins, Fleming, Fox, Gormley, Healy McGowan, Henry, Higgins, Kilgannon, Lundy, McGrath, McLoughlin, Mullaney, Queenan, Sherlock.

Against: Bree

Abstained : McGarry

As the Result 20 for,1 against and 1 abstention the resolution was carried.

Proposed by Councillor M. Fleming
Seconded by Councillor J. lundy

AND AGREEED

“That we, members of Sligo County Council, having considered the proposed variation of the County Development Plan, described a variation No.2 – Coolaney-Rockfield Mini-Plan, and the Manager’s report (dated 17 August 2006) on the submissions and observations received under Subsection (3) of Section 13 of the Planning and Development Act 2000, hereby resolve to make the said variation with the modifications recommended in the Manager’s report and the further modifications agreed by resolution at this meeting”.

Dromore West Mini-Plan

Proposed by Councillor J. Queenan
Seconded by Councillor M. Barrett

AND AGREED

“That 3 acres of Green area adjacent to R297 and L63071 be zoned for Housing (on attached map)”.

Proposed by Councillor M. Barrett
Seconded by Councillor P. Conmy

AND AGREED

“That 2.2 and 5 be zoned for housing in addition to lands to East not accepting Manager’s report on lands to East”.

Cllr Bree dissented

Proposed by Councillor M. Barrett
Seconded by Councillor P. Conmy

AND AGREEED

“That area 3.2 be zoned for low density housing at Knockcullen Dromore West”.

Cllr Bree dissented.

Proposed by Councillor P Conmy
Seconded by Councillor M Barrett

AND AGREED

“That we, the members of Sligo County Council, having considered the proposed variation of the County Development Plan, described as Variation No. 3 – Dromore West Mini Plan, and the Manager’s report (dated 17 August 2006) on the submissions and observations received under Subsection (3) of Section 13 of the Planning and Development Act 2000, hereby resolve to make the said variation with the modifications recommended in the Manager’s report and the further modifications agreed by resolution at this meeting”.

11. HIGHER EDUCATION GRANTS:

Proposed by Councillor T. McLoughlin
Seconded by Councillor J. McGarry
AND AGREED
"To adopt the Higher Education Grant Scheme for 2006".

12.

Proposed by Councillor M. Fleming
Seconded by Councillor S. Kilgannon

AND AGREED

"To approve Sligo County Council Heritage Grant Awards".

13. INNISHMURRAY CONSERVATION PLAN:

Proposed by Councillor S. Kilgannon
Seconded by Councillor J. Devins

AND AGREED

"To appoint Cllr P. Barry as a representative to the steering committee for the Innishmurray Conservation Plan".

14. CONTRIBUTION TO ACLARE DEVELOPMENT COUNCIL:

Proposed by Councillor J. Lundy
Seconded by Councillor A. Colleary

AND AGREED

"That Sligo County Council agree to make a contribution of €25,000 to Aclare Development Council Ltd".

15. SERVICE INDICATIOR IN LOCAL AUTHORITIES:

The meeting noted report on Service Indicators in Local Authorities.

16. GRANT ALLOCATION FOR NON NATIONAL ROADS:

The meeting noted additional grant allocations from the DOEHLG in respect of Non-National Roads.

17. RAGHLY PIER AND DUNMORAN STRAND:

The meeting noted grant allocation from the Department of Communications Marine and Natural Resources in respect of Raghly Pier and Dunmoran Strand.

18. DIFFERENTIAL RENT SCHEME 2007:

The meeting noted differential rent scheme 2007.

19. LOCAL AUTHORITIES PLAYGROUND GRANTS SCHEME:

The meeting considered report on Local Authorities Playground Grants Scheme for 2006.

Proposed by Cllr Barrett
Seconded by Cllr Conmy

AND AGREED

“That we agree to proceed as outlined in the report of the Acting Director of Services dated 28th August 2006.”

20. CIRCULAR LETTERS FROM DEPARTMENT OF ENVIRONMENT IN REGARD TO IMPLEMENTATION OF THE PLANNING AND DEVELOPMENT REGULATION 2001:

Proposed by Councillor D. Bree
Seconded by Councillor V. Cawley

"To ask the County manager if the Council has recently received any circular letter/s from the Department of the Environment with regard to implementation of the Planning and Development Regulation 2001".

"In Responce Mr P. Forkan, Director of Services stated that he was not aware of any recent circulars from the Department on the implementation of the Planning and Development Regulations 2001.”

21. BALLYMOTE LOCAL AREA PLAN:

With agreement of the meeting this item was deferred to the October Meeting.

22.

With agreement of the meeting this item was deferred to the October Meeting.

23.

Proposed by Councillor D. Bree
Seconded by Councillor V. Cawley

"In the interest of proper planning and development and to ensure that new facilities will be accessibility-proofed at design stage of development the following new condition be included in planning permissions granted by the Council:- "The developer shall ensure that the development conforms to the principles of universal design and takes cognisance of the needs of persons with mobility, sensory or intellectual impairments. The development shall comply with the guidance contained in ‘Building for Everyone – published by the National Disability Authority’ and shall include, inter alia, dished kerbs, tactile paving and accessible open spaces. The developer is required to consult with the Access Officer of Sligo County Council so as to ascertain the requirements in this regard.
Following consultation fully detailed drawings and an implementation scheme shall be submitted to the Planning Authority for its written agreement prior to commencement of development".

Mr P. Forkan DOS gave the following response:

"Section 9.1.1.6 of the Sligo County Development Plan 2006 sets out guidance to developers on issues relating to access for persons with disabilities. The Development Plan states ‘that reasonable provision should be made to enable disabled persons to have safe and independent access to a building and those parts of a building to which it is appropriate to have access. In addition, the Plan lists a number of documents (including National Disability Authority’s Building for Everyone) which provide relevant guidance in this area.

Following consultation with the Access Officer of Sligo County Council, the planning section have begun to impose the following condition on applicable decisions to grant planning permission:
‘Prior to commencement of development, detailed design and specifications of measures to cater for the needs of people with disabilities including, location of dished kerbing, tactile paving, wheelchair accessibility facilities etc., shall be submitted to and agreed in writing with the planning authority. These works shall be fully implemented prior to first occupation of any of the units within the site".

Reason: In the interest of proper planning and sustainable development.

In the above context it is submitted that the planning department have adequately recognised their responsibilities in respect of accessibility both in terms of policy formulation and implementation.

24. SLIGO SUB AQUA CLUB:

Proposed by Councillor D. Healy McGowan
Seconded by Councillor D. Bree

"To ask the County Manager that Sligo County Council provide a site for Sligo Sub Aqua Club".

"Mr D. Bree DOS stated that discussions had taken place with the sub aqua club and it is hoped to have them facilitated in the near future".

25. CARROWMORE MEGALITIC CEMETERY:

With agreement of the meeting this item was deferred to the October Meeting.

26. TRAFFIC CALMING MEASURES AT OLD BARRACK ROAD, COLLOONEY:

Proposed by Councillor J. McGarry
Seconded by Councillor J. Sherlock

"To ask Engineer for a report for traffic calming measures to be introduced in the area to slow traffic down as it is quite dangerous".

In Response Mr T. Carroll SE stated the following:

"There is no provision in estimates 2006 for any traffic calming measures at this location. However these measures can be considered by members of council when drafts proposals are being reviewed as part of 2007 estimates process. At present a 50 K.P.H. speed limit pertains in this section of local road".

27 and 49 LIVING WAGE:

Both motions 27 and 49 were dealt with at this time:
Proposed by Councillor J. McGarry
Seconded by Councillor D. Bree

"That Sligo County Council resolves to do everything practicable to use its own powers of employment and procurement to implement a ‘Living Wage’ – a new wage floor would be set substantially higher than the current National Minimum Wage in keeping with the needs of workers and their families, namely that:

No employee employed by Sligo County Council, and
No employee employed by, or working on contract or subcontractor for, any company or contractor or subcontractor selling goods and services to Sligo County Council.

Proposed by Cllr D Bree
Seconded by Cllr J McGarry

"That the Council requires that all companies that the Council contract to provide materials and services to the Council must pay their employees a Living wage of at least €10 and hour".

It was agreed that both motions would be sent to the Department of Finance for their consideration.

28. BRIDGE ON REGIONAL RD 293 AT RAGOOD, GURTEEN:

Proposed by Councillor M. Gormley
Seconded by Councillor M. Fleming

"That Sligo County Council apply for funding under the Specific Improvements Grant Scheme to carry out realignment works to bridge on regional road 293 at Ragood, Gurteen".

In Response Mr T. Carroll SE stated the following:

"This bridge will be considered for realignment when draft proposals are being prepared for submissions for funding to D.O.E.H.L.G. under Specific Improvements Grant Scheme. However as a threshold limit of 120% of 2006 grants approval exists it will not be possible to include all projects in programme for funding". The structures department are currently preparing a priority list of bridges for funding in 2007".

29. ISRAELI EMBASSY:

With agreement of the meeting this item was deferred to the October Meeting.

30. HOUSING SCHEME IN STRANDHILL:

Proposed by Councillor T. McLoughlin
Seconded by Councillor D. Healy McGowan

"To ask County Manager to clarify with respond when the new housing scheme in Strandhill will commence, and to advise of a completion date for this project".

In Response Ms Dorothy Clarke DOS stated the following:

Sligo County Council is currently in the process of transferring land at Carrowbunnaun, Strandhill, to Respond Housing Association for the construction of its housing scheme. However, this process is being delayed by a claim from a third party that they own the property along the roadway at the entrance area to the proposed entrance road to the new scheme, i.e. the grass verge. They are also claiming ownership of the roadway leading to this property, i.e. the golf club road. However, Sligo County Council’s records show that the public road extends 503 m from the junction (beside the church) of the two public roads L3504-0 and L7507-0, which would indicate that the road is in public charge. The Council’s legal representative is attempting to resolve this issue and is in constant contact with the third party’s solicitor and Respond. In view of the above, it is not possible to state when this scheme will commence, however, it is envisaged that it will take eighteen months to complete".

31. WATER SUPPLY SCHEME IN STRANDHILL:

Proposed by Councillor T. McLoughlin
Seconded by Councillor E. Henry

"To establish the up to date position regarding the proposed upgrading of the water supply scheme in Strandhill"

In Response Mr K. Larkin Senior Engineer stated the following:

"It is proposed to install secondary/booster chlorination equipment at the supply reservoir for Strandhill which is located at Grange East. There is a temporary chlorination unit in place at present and we are currently inviting tenders for the installation of a permanent unit. This will be in place if not in current year than early 2007".

32. SLIGO MAIN DRAINAGE SCHEME IN STRANDHILL:

Proposed by Councillor T. McLoughlin
Seconded by Councillor S. Kilgannon

"In view of the concerns expressed by residents in Cummeen, Strandhill Road and surrounding area to provide a progress report on the Sligo Main drainage Sewerage Scheme".

In Response Mr K. Larkin Senior Engineer stated the following:

"Sligo County Council has been involved in protracted negotiations with the preferred candidate for the DBO Contract of Sligo Main drainage. These negotiations at a number of occasions seemed to be complete but a new problem arose delaying the finalization of the process. All outstanding matters have now been resolved. The formal contract signing is scheduled for 18th of September i.e. next week. Cumeen Drainage, but always subject to DEHLG approval, can be constructed in parallel with the final stages of the Sligo Main Drainage construction, so it can be commissioned not long afterwards".

33. FUTURE HOUSING DEVELOPMENTS BE BUILT IN AN ENERGY EFFICIENT MANNER AND BE FITTED WITH A HEATING SYSTEM:

Proposed by Councillor J. McGarry
Seconded by Councillor T. McLoughlin

"That Sligo County Council agree to ensure that all future housing developments be built in an energy efficient manner and be fitted with a heating system run from a renewable energy source".

In Response Mr F. O’ Driscoll A/SEO stated the following:

The Building Regulations (Amendment) Part L 2005 requires that all housing developments are designed and constructed in order to optimise the conservation of fuel and energy.

It is the function of Sligo County Council to carry out building control inspections including Part L (conservation of fuel and energy). The level of inspections required is 12 – 15% of all buildings covered by Commencement Notices. Sligo County Council is currently carrying out in excess of this requirement. Given the limited resources available it is neither possible nor required under present legislation to carry out inspections on every building constructed. The onus is on developers, designers and builders to ensure that buildings are designed and constructed in accordance with the Building Regulations. Buildings that comply with Part L (conservation of fuel and energy) can be said to be built in an energy efficient manner.

The heating system used in any development is at the discretion of the developer, provided it complies with the building regs. The use of a renewable energy source is not mandatory and may involve a large initial outlay in capital. This is aided by the recent introduction of grants towards their instalment.

The 2005 Regulations (including Part L) partly transpose the EU Energy Performance of Buildings Directive, EPBD (2002/91/EC of the 16th of December 2002).

The EPBD requires that all newly constructed buildings and existing buildings offered for sale or rent be accompanied by a Building Energy Rating (BER). This requirement is to be phased over a 3 year period ending on the 1st of January 2009.

The phasing of this requirement in Ireland is planned to commence with the rating of new dwellings from the 1st of January 2007 subject to transitional arrangements exempting new dwellings built on foot of planning permissions sought before the 1st of July 2006, provided that they are substantially completed by the 30th of June 2008.The arrangements mean that BER will apply only to new dwellings governed by the requirements of the amended Part L Building Regulations 2005.

PURPOSE OF BER

The dual purpose of BER is as follows: -

provide relevant information to potential purchasers or tenants, and thereby
encourage the market for dwellings of higher efficiency and in relation to new dwellings in particular, encourage innovative low energy dwellings.

BER rating scale

It is proposed to use "A to G building energy rating scale" as the scale A –G is widely recognised for efficiency rating of domestic appliances (e.g. fridges) including the familiar coloured seven bar method of presentation.

As the rating system must ultimately apply to all newly constructed dwellings and to all existing dwellings for sale or rent, the scale must cover dwellings of widely different energy efficiencies and calculated energy uses – from modern, low energy of houses to older, poorly insulated dwellings using inefficient heating systems. This is different to domestic appliances where the efficiency rating is only applied to new appliances.

Note: A BER shall be valid for a maximum of 10 years and is to be accompanied by an Advisory Report containing recommendations for cost effective improvements to the energy performance of the building.

The approval of BER is due this month (September 2006). It is not envisaged that the enforcement of BER will rest with the Local Authorities, while not yet decided it would appear that it will be based on a self-regulatory system.

34. S.S.I.A ‘S WOULD NOT BE REGARDED AS INCOME WHEN APPLYING FOR HIGHER EDUCATION GRANTS:

Proposed by Councillor M. Fleming
Seconded by Councillor S. Kilgannon

“ To request the Minister for Finance and Education that benefits accruing from S.S.I.A’s would not be regarded as income when applying for Higher Education Grants.”

Following a discussion it was agreed that this motion would be forwarded to the Minister for Finance and Education.

35. INTERNATIONAL SHEEPDOG TRIALS:

With agreement of the meeting this item was deferred to the October Meeting.

36. ROAD WORK SCHEME FOR 2007:

Proposed by Councillor J. Queenan
Seconded by Councillor J. Devins

"To Ask the Director of Services, Mr S. Concannon to arrange for meetings to take place in each Election Area so the road work scheme for 2007 be discussed and a priority list of roads under the local road improvement and maintenance be agreed so that it can be sent to the Department of Environment for approval".

In Response Mr T. Carroll SE stated the following:

"As a current practice local area meetings will be held to agree 2007 Roadworks Scheme in draft format. Following these meetings a programme of 2007 Roadworks Scheme will be submitted to full Council meeting for approval. The multi-annual restoration programme for non-national roads in County Sligo for period 2006-2008 was submitted to the DOEHLG last year for approval and funding. A grant of €6,169,000 was received this year from the Department in current year towards commencement of this programme. This will enable Sligo County Council to complete the full 2006 programme and 20% of the 2007 programme proposals. If the same level of funding were received in 2007 a significant number of 2008 proposals would be undertaken in 2007. At this stage the DOEHLG are likely to seek proposals for a continuation of this multi-annual programme. This request is likely to issue within the next twelve months".

37. L.I.S SCHEME:

Proposed by Councillor J. Queenan
Seconded by Councillor S. Kilgannon

"To ask the County Manager to have L.I.S. Scheme reviewed, and a cross party committee be set up and report back to the November Meeting".

In Response Mr T. Carroll SE stated the following:

"This matter should be referred to Strategic Policy Committee and Transportation and Infrastructural Policy for their consideration.

At the moment a scheme determining priority is used to allocate points having regard to:-

The number of landowners engaged in farming
The number of occupied dwelling houses
The existence of a bridge or culvert requiring repair
The existence of severe drainage problems
The duration of application, ie when first applied for
The existence of a particular human hardship.

After a discussion it was agreed to set up on a cross party committee on this;

Proposed by Councillor S. Kilgannon
Seconded by Councillor J. Lundy

"That Cllr J. Queenan be elected to the committee".
Proposed by Councillor P. Conmy
Seconded by Councillor G. Mullaney

"That Cllr M. Fleming be elected to the committee"

Proposed by Councillor D. Bree
Seconded by Councillor J. McGarry

"That Cllr V. Cawley be elected to the committee"

Proposed by Councillor Queenan
Seconded by Councillor McGarry

"That Cllr M. Gormley be elected to the committee"

Proposed by Councillor Queenan
Seconded by Councillor McGarry

"That Cllr S. MacManus be elected to the committee"

38. MANAGEMENT OF ENNISCRONE BEECH AND IMPLEMENT IMPORVEMENTS FOR 2007:

Proposed by Councillor J. Queenan
Seconded by Councillor S. Kilgannon

"To ask the County Manager and Director of Services, Mr P. Forkan to meet the three Elected Members of Dromore West Election Area to review Management of Enniscrone Beach and implement improvements for 2007".

In Response Mr T. Carroll SE stated the following:

"A meeting can be arranged to discuss and review the improvements made in the management of Enniscrone beach during the 2006 bathing season. Further improvements for the 2007 season can also be discussed".

39. TRAFFIC CALMING MEASURES ON N17:

Proposed by Councillor J. Lundy
Seconded by Councillor A. Colleary

"To request that this Council provide traffic calming measures on both sides of Tubbercurry on N17 and also include pedestrian crossing on N17".

In Response Mr T. Carroll SE stated the following:

"A sum of €1000,000.00 has been provided in estimates 2006 for the provision of Traffic Calming Measures on approaches to Tubbercurry on N17 and the provision of a pedestrian crossing on N17 on Northern approach to Tubbercurry. These works will be undertaken in the near future".

40. C.P.O IN RELATION TO THE TUBBERCURRY BYPASS WILL TAKE PLACE:

Proposed by Councillor J. Lundy
Seconded by Councillor M. Fleming

"I will ask when the C.P.O in relation to the Tubbercurry by-pass will take place".

In Response Mr T. Carroll SE stated the following:

"A Sum of €400,000 has been provided in Roadworks Scheme 2006 to progress the N17 Tubbercurry bypass through phase 4 of the planning process. Phase 4 includes for preliminary design, preparation of CPO documents and environmental impact studies. These works are progressing satisfactorily at the moment. On completion of these works, approval will be sought from the NRA to give approval to make managers orders to compulsorily acquire land, to approve preliminary design and publish E.I.S.

41. GURTEEN SEWERAGE SCHEME:

Proposed by Councillor J. Lundy
Seconded by Councillor M. Gormley

"To ask when will work on the Gurteen sewerage scheme begin and finish".

In Response Mr K. Larkin SE stated the following:

"Tenders have been received for this project. The project has now been approved. The part 8 planning process will typically take about 3 months, with a further 8 months for construction".

42. UNFINISHED DEVELOPMENT AT MAIN STREET COLLOONEY:

Proposed by Councillor J. Sherlock
Seconded by Councillor J. McGarry

"To ask Sligo County Council for report on unfinished Development at Main Street Collooney".

In Response Mr F. O’ Driscoll A/SEO stated the following:

"The owner of the site, Mr Colm McTiernan, Ballygawley, Co. Sligo was contacted by this office. He indicated that he was in discussions with a contractor to commence works this year. However the site which is in the centre of Collooney, has remained undeveloped for a number of years and can now be considered in a derelict condition. A letter informing Mr McTiernan of Sligo County Council’s intention to enter the site on the Derelict Sites Register was issued recently and we are awaiting Mr McTiernan’s response".

43. CASTLECOVE HOUSING ESTATE, OLD BARRACK RD, COLOONEY:

Proposed by Councillor J. Sherlock
Seconded by Councillor G. Mullaney

"To ask Sligo County Council when they will be in the position to take in charge Castlecove Housing Estate, Old Barrack Road, Collooney".

In Response Mr Fineen O’Driscoll A/SEO stated the following:

Planning Permission (PL 98/275) for 16 houses was granted to Swangale Developments Ltd on the 31st March 1999. Thereafter planning permission for 12 houses and the retention and completion of 1 house was granted to Chester Properties Ltd on the 12th July 2000 (PL 99/816). The total number of houses built was 23. A Mr. Richard Watters is listed as an applicant for both Swangale Developments Ltd and Chester Properties Ltd. Subsequently it appears that GKT Construction Ltd purchased sites and constructed houses 10 to 20 inclusive. We are in the process of clarifying these details. A visual inspection of the estate was carried out by SCC Enforcement staff on the 21st of March 2006 and the estate appears to be in a satisfactory state. SCC wrote to both developers on the 11th of July 2006 informing them that the Council were generally satisfied with the estate and advising them to submit the necessary application form and fee to allow SCC to take the estate in charge. The developers were asked torespond not later than 31st of July 2006. To date no response has been received. Recently the developers have again declined to pay the ESB bill for public lighting. We have written to them to inform them that they are responsible for all payments until such time as SCC takes the Estate in Charge. Furthermore we have informed the developers that SCC shall retain the €33,000 bond until such time as the Council are fully satisfied that the estate is completed to the required standards for taking in charge. This will require a more detailed inspection of the roads and service and will be carried out when a request is made to take the estate in charge".

Mr P. Forkan stated that he would write to the developer again in relation to this matter and following a response he will be able to expand more on the matter.

44. VACANT BUILDING IN BALLISODARE VILLAGE:

Proposed by Councillor J. Sherlock
Seconded by Councillor M. Gormley

"I will ask Sligo County Council for an up to date report on vacant buildings in Ballisodare village".

In Response Mr F. O’ Driscoll A/SEO stated the following:

Planning Permission (Pl04/1267) for twenty four apartments and two shop units at this site was refused on the 30th of Nov 2005 by An Bord Pleanala. Early in 2006 a wooden hoarding was erected on the footpath outside the disused Dun Maeve hotel and the windows were removed. It appeared that development had commenced on site. It also resulted in the building looking unsightly. A warning letter was issued by Registered Post to the developer on 12th April 2006 with regard to erection to hoarding and removal of windows. The developer responded by letter on the 3rd May 2006 stating that he was demolishing the building. Demolition of the building in this inst. would not require planning permission. We then sent a letter on the 9th May 2006 requesting a firm date for the completion of demolition. The developer thereafter indicated to SCC on the 3rd July 2006 that he had sold the property to another developer but did not give details. No further information has been received from the developer regarding a future owner or a demolition completion date. Consequently as no further clarification has been received the works carried out to date are considered as unauthorised. An Enforcement Notice has therefore been issued to the developer".

It was agreed to defer Items 45-48, 50-63 to the next meeting of the Council.

64. VOTES OF SYMPATHY

Proposed by Councillor P. Conmy
Seconded by Councillor J. Queenan

AND AGREED

“That a vote of sympathy be extended to Mrs Christina Fitzgerald on the death of her husband Eamon Fitzgerald who died tragically”.

Proposed by G. Mullaney
Seconded by M. Baker

AND AGREED

“That a vote of sympathy be extended to Sharon Boles on the death of her mother, Eileen Tubridy.

“That a vote of sympathy be extended to Noel Finley on the death of his wife, Marie”.

“That a vote of sympathy be extended to Maura O’ Connor on the death of her aunt, May Gannon”.

“That a vote of sympathy be extended to Tom Reynold on the death of his mother, Nan”.

Proposed by Councillor M. Fleming
Seconded by Councillor A. Colleary

AND AGREED

“That a vote of sympathy be extended to Noel Caffrey on the death of his father, Dan”.

“That a vote of sympathy be extended to Mai Clarke on the death of her brother, Paddy”.

“That a vote of sympathy be extended to Helen White on the death of her brother Martin”.

Proposed by Councillor J. Devins
Seconded by Councillor A. Colleary

AND AGREED

“That a vote of sympathy be extended to Paul and Bernie Butler on the death of their brother and brother in law, Bobby”.

“That a vote of sympathy be extend to the Ewing family on the death of Harry”.

65. VOTE OF CONGRATULATIONS

Proposed by Councillor G. Mullaney
Seconded by Councillor M. Baker

AND AGREED

“That a vote of congratulations be extended to Geevagh Senior ladies team on winning the County Senior ladies football final”.

Proposed by Councillor M. Baker
Seconded by Councillor G. Mullaney

AND AGREED

“That a vote of congratulations be extended to Ballintogher Tidy Towns Committee on being selected as the tidiest town in County Sligo in the tidy towns competition”.

66. CONFERENCES

Proposed by Councillor A. Higgins
Seconded by Councillor J. Queenan

AND AGREED

"That Councillor Seamus Kilgannon, Councillor J. Queenan and Councillor P. Barry be nominated to attend the A.M.A.I Conference in Cavan Crystal Hotel on 14th – 16th September”.

67. CORRESPONDENCE:

All items of correspondence were noted.

List of forthcoming conferences.
Letter regarding Garda personnel in Coolaney
Letter from Department of Health and Children regarding provision of services.
E-mail in relation to Ballyweelin Road L3081

68. ANY OTHER BUSINESS

Cllr D. Bree raised a query in relation to a report on Road L-33081 at Cregg/Rossespoint which was to be prepared for the September Meeting. He asked that the report be prepared for the October Meeting of the Council.

Cllr M. Gormley thanked the Water Services section for their efforts in working through the night at Lough Talt on a problem that occurred there recently.

The Meeting ended at 5.00pm.

Meeting Date 11/09/2006