Minutes of Special Planning Meeting of Kildare County Council on Monday 2nd November at 11am in Áras Chill DaraPresent were: Councillors C. Purcell (Mayor), S. Griffin, B. Weld, T. Lawlor, D. Scully, S. Lanigan, K. Byrne, J. McGinley, F. Browne, M. Wall, P. McEvoy, P. Kennedy, S. Moore, C. Murphy, S. Doyle, P. Kelly, L. Doyle, M. Heydon, M. Nolan, F. O’Loughlin, M. Miley

Apologies: Cllr. T. O’Donnell, Cllr. W. Hannigan

Also present: M. Malone Co. Manager, J. Lahart DOS, M. Kenny Snr. Planner, A. Sweeney Snr. Exec. Planner, M. Foley Admin. Officer

This was the second special meeting to consider the Manager’s Report on submissions received in relation to the review of the County Development Plan and to consider any directions that may be appropriate regarding the preparation of the Draft Development Plan.

Michael Kenny pointed out that, in issuing directions, the Members were restricted to considering the proper planning and sustainable development of the area to which the Development Plan relates in accordance with Section 11 (4)(f) of the Planning & Development Act 2000. He also referred members to the code of conduct which must be observed in making the Development Plan viz. “in making and adopting the development plan, the elected council, acting in the interests of the common good and the proper planning and sustainable development of the area, must, in accordance with the “Code of Conduct for Councillors” prepared under the Local Government Act 2001, carry out their duties in this regard in a transparent manner, must follow due process and must make their decisions based on relevant considerations, while ignoring that which is irrelevant within the requirements of the statutory planning framework. Equally, local authority employees involved in the preparation of the development plan should perform their duties objectively, should have no vested interest in the contents of the plan and should be in accordance with the Council’s Code of Conduct for Employees “(Source: Development Plans Guidelines issued by DOEHLG)

Motion 82 - TWGThe development of a sustainable and comprehensive public lighting strategy for the County is an urgent requirement. The safety factor alone that public lighting gives especially to our rural communities but also to those in our older estates make the development of a policy and a plan a major objective for our new County Development Plan. The news that the ESB are to sell off this part of their organisation must mean that Kildare County Council as the local authority must develop a sustainable policy on Public Lighting ensuring the continued roll out of public lighting where needed in an acceptable time frame. The repair of Public Lighting must have a defined path and schedule ensuring that communities are not without lighting for more than a reasonable length of time.

Response:Agreed.

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Public lighting maintenance is an important item being considered by The Public Lighting Working Group. There are potential difficulties for the majority of councils carrying out repairs in the current economic climate. KCC will at all times endeavour to maintain the safest levels of public lighting throughout its area of responsibility. The Transportation Section and the Council’s Energy team will work together to ensure that only the best quality, energy effective design is used in future Public Lighting projects.

Motion 83 – TWGThat policy be developed to address issues of anti-social behaviour through passive security, and that best practice from experience both in Kildare and elsewhere be examined to determine policies for walkways through estates.

Response:Agreed.The policies and objectives contained in the ‘Sustainable Residential Development in Urban Areas’ (2009) and the accompanying ‘Urban Design Manual’ (2009) reflect the sentiments expressed in this direction. The new CDP will include policies, objectives and design standards that reflect the requirements set out in these new national planning guidelines. A specific policy regarding passive surveillance of all walking routes within residential estates will be included.

Motion 84 – TWGTo consider an integrated approach to the residential, commercial, industrial and infrastructural development north of the Railway line at Confey, having regard to Neighbour Counties.

Response:Agreed. (i) Encouraging development close to existing rail corridors is in accordance with proper planning and sustainable development. With particular regard to development at Confey, a significant number of infrastructural improvements including the provision of a new bridge would be necessary prior to the development of lands north of the railway line.

(ii) A specific objective will be included in the County Plan to investigate the feasibility of developing lands north of Confey in conjunction with neighbouring local authorities and other statutory authorities where the demand for additional zoning is necessary to support the core strategy of the CDP.

Motion 85 – TWGThat residential estates, close to livestock, particularly the Curragh be conditioned with the provision of sheep/cattle grids.

Response:Not Agreed.This proposal gives rise to difficulties (1) potential public safety / legal liabilities arising from accidents involving the grids, (2) potential noise nuisance from vehicles driving over grids, (3) grids are not appropriate for footpaths

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Agreed unanimously on a show of hands, on the proposal of Cllr. S. Doyle, seconded by Cllr. O’Loughlin, to reject the Manager’s recommendation and adopt the motion.

Motion 86 – TWGThat all new residential estates in towns and villages be conditioned to provide comprehensive footpath links to town centre and schools and that where deficits exist in current housing developments that the Council prioritise the provision of these linkages.

Response:Agreed subject to modification.The Transportation Department endeavours to ensure that there is pedestrian connectivity in all new housing estates that will also link into the existing pedestrian facilities in the area. This can be reflected in development plan policy.

Where deficits exist in existing housing developments the rectifying of these will be considered subject to the availability of resources and prioritisation.

Cllr. Murphy clarified that she was referring not only to pedestrian linkages within housing estates, but between estates and schools, town centre, facilities etc.

Motion 87 – TWGThat policies be developed to promote the primacy of town centres and encourage consolidation of appropriate retail activity within town centre.

Response:Agreed.

Motion 88 – TWGThat out of town centres be restricted for the purposes of large retail space that cannot be accommodated within town centre.

Response:Agreed subject to modification.Retail Planning Guidelines issued by the DOEHLG refer to the Sequential Approach which must be used in the assessment of retail applications. This is considered the most appropriate method by which to assess retail development proposals. In the interests of proper planning and sustainable development, appropriate sites must be identified in the core area first and foremost and where sites cannot be developed, for clearly stated reasons, edge of centre sites further away from the retail core area may then be considered and only then can out of town centres be considered. At all times, the vitality of the town centre and the effect particular retail proposals would have on the town centre must be considered in order to retain and enhance the retail offer in a town as much as possible before other options are considered.

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Motion 89 – TWGAcknowledging the strategic importance of the location of a multiple within a town and the ability of said multiple to determine the centre of retail activity within a town, a specific zoning should be identified for multiples and applied through the LAPS to the most advantageous and appropriate locations within towns.

Response:Not Agreed.Lands for retail / commercial development are identified in the various LAPs. The identification of sites for multiples is not supported in the Retail Planning Strategy for the Greater Dublin Area 2008-2016.

Cllr. S. Doyle argued for a specific zoning for multiples on a range of locations within a town but John Lahart recommended that retail should be considered in town centre first, subject to the sequential test and it would be undesirable to strangle the planning process by being more prescriptive. Michael Kenny said this was an issue which could be considered in the Retail Strategy.

The members accepted the Manager’s response.

Motion 90 – TWGThat the development of the retail strategy for the County look to establishing a tourist destination centre within the County that will enhance our ability to attract disposable income to the County.

Response:Agreed subject to modification.The Tourism Chapter of the current CDP includes a significant number of objectives specifically relating to the promotion of tourism in the County. A review of these objectives will be undertaken as part of the review of the County Plan and these will be supplemented /omitted/ amended as appropriate.

The feasibility of including an additional, specific objective to establish a tourist destination centre within the County will be investigated in preparing the objectives of the Draft County Plan.

Motion 91 – TWGThat policies which promote and support the development of independent retail be developed.

Response:Agreed.The development of a vibrant independent retail sector should be supported.

Motion 92 – TWGThat policies be developed to have regard for minimum floor space requirements for economic sustainability and ancillary space necessary to support particular retail activities.

Response:

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Agreed subject to modification.Guidance on floor space caps / thresholds are specified in the Retail Planning Guidelines for both convenience and comparison goods. These figures will be reviewed as part of the County Retail Strategy.

Motion 93 – TWGThat planning applications have regard to the quantum of existing retail space in the area and the ability of the County to absorb & sustain further space in this sector.

Response:Agreed.A detailed survey of planning permissions granted in the County will inform the review of the County Retail Strategy.

As part of the retail strategy it is envisaged that guidance will be provided with respect to the quantum both of new convenience and comparison floor space in the County.

Motion 94 – TWGTo encourage the utilisation of derelict buildings and protected structures in town centres, acknowledging the increased costs of developing same and the benefits of re-generation, this may be achieved through a reduced levies rate for this type of activity.

Response:Agreed subject to modification. (i) It is considered reasonable to include objectives to encourage the utilisation of derelict buildings and protected structures in the town centres in order to improve the vitality and vibrancy of these centres while maximising the potential of available, built structures.

(ii) Reducing development levies may not be addressed as part of the review of the County Plan. The Planning Authority adopted the current Development Contribution Scheme in 2004. A reduction in development levies must be addressed by way of a review of this scheme in accordance with Section 48 of the Planning & Development Act 2000 (as amended).

Motion 95 – TWGThat extra parking spaces be prioritised as part of any potential retail developments, essential for the regeneration of town centres and the development of such.

Response:Agreed.The car parking requirements contained within the County Development Plan seek to ensure that satisfactory levels of car parking consistent with encouraging more sustainable modes of transport are provided when development takes place. The Transportation Dept. gives appropriate consideration to the necessary demand and

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potential cross usage when assessing the car parking requirements of retail / commercial development in the course of the planning process.

Car parking standards will be reviewed as part of the preparation of the proposed Draft Development Plan.

Motion 96 – TWGThat a report be made on each sector of retail operating in the county, to ascertain current supply, spatial delivery and level of support necessary to sustain same. The analysis of this data should be used in the Determination of any future planning applications to ensure that the local retail economy is sustained and to protect the rate base necessary to fundlocal government. This data should also inform the preparation of the new CDP.

Response:Agreed.A detailed review of planning permissions granted in the County to inform the review of the County Retail Strategy.

As part of the emerging Strategy it is envisaged that guidance will be provided with respect to the spatial delivery and quantum of new convenience and comparison floor space throughout the County. The distribution of floor space will be determined by the Retail Hierarchy.

Motion 97 – TWGThat KCC liaise with Irish Rail with a view to upgrading and re-locating, where practicable, train stations throughout the County in order to provide appropriate facilities for a 21st century commuter county.

Response:Agreed.KCC actively liaises with Irish Rail on a range of issues and will continue to do so in the preparation of the draft CDP .

Motion 98 – TWGThat the location of Cherryville Junction be examined for the provision of an inland port.

Response:Agreed.In conjunction with the consideration of other locations.

Motion 99 – TWGThat the Southern Distributor Route be prioritised in Athy as essential infrastructure to the South of the County and the future potential of the town.

Response:Agreed.The Athy Southern Distributor Road is a key priority project in County Kildare.

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Motion 100 – TWGMuch more emphasis needs to be placed on the rail system given thepotential delivery of the Spencer Dock Interconnector. This will networkall the suburban services and is expected to deliver an additional 75million journeys each year (many will originate or end in Kildare). Weneed to view this in the County Development Plan as an opportunity - thepublic transport system becomes much more financially viable when it haspeaks in both directions. Once the Interconnector is delivered (est; 2015)the next phase of suburban rail includes electrification this will mean weneed to include in our CDP modifications to bridges, should we, for example,be protecting them as structures when they will require a rebuild in somecases, recommend the routes are examined, the bridges that requirerebuilds are listed and we plan for electrification.

Response:Agreed.The Transportation Department will liaise with Irish Rail in relation to the bridges and will refer the matter to the Conservation Officer for comment.

Motion 101 – TWGThe CDP should capture the public transport superstructure which should include, bus stops, turning circles, park and ride facilities, interchange facilities (preferably close to railway stations) included should be an objective to open dialogue with bus and taxi providers about potential re routing, feeder buses, new routes etc. There may also be commercial/industrial opportunities at or close to railway stations. TheCDP needs to capture such opportunities and include a strategic approach to development based around public transport in a way that has not been done before. While it is not realistic now the future may include large scale delivery of goods by rail this requires at least exploring this as an opportunity.

Response:Agreed.

Motion 102 – Cllr. McEvoyThat the CDP address the need to enhance road safety for walkers, pedestrians and cyclists.

Response:Agreed.

Motion 103 – TWGPrivate Car Parks are appearing in many of our towns and villages, thevariety of fees and penalties is causing widespread confusion, they are also being enforced in a predatory way. The County Development Plan needs to allow for private car parking but only if an enforcement scheme is agreed first.

Response:Agreed with modifications.Private car parks are usually associated with private development that has an associated car parking demand. The Development Plan can include an objective

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regarding the use of these parks. However the “predatory” behaviour mentioned in the Direction is not a matter for the Plan.

A brief discussion took place during which the following points were made: Imposition of standards within car parks; cleanliness, signage etc. Use of by-laws to regularise car parks Use of barriers rather than clamping

It was agreed to liaise with Transportation Department regarding these issues.

Motion 104 – Cllr. ScullyThe Council should promote a “safe routes to school” system for all the County’s schools to help promote walking, cycling and car-pooling.

Response:Agreed.

Motion 105 – Cllr. ScullyThat all new estates granted planning for more than ten houses will automatically have anti-speed measures installed to Council specifications by the developer.

Response:Agreed subject to modification.It is the policy of the Council to require developers to incorporate passive traffic calming measures into the layout of all new residential /commercial schemes which should be demonstrated as part of the overall design concept of the scheme at planning submission stage. Where it is determined by the Transportation Department that following construction of a scheme that there are safety issues with the layout the Transportation Department will consider appropriate measures to deal with same and may require the provision of vertical traffic calming as a last resort.

At the last meeting it had been agreed to revisit this motion. John Lahart reported that a “Manual for Streets” prepared by the Dept. of Transport was due to be published in January and that could be incorporated into the Draft CDP. It goes further than speed control and deals with layout, on-street parking, accessibility, pedestrian & cyclist movement. It was agreed that this should be incorporated into the Draft CDP.

Motion 106 – Cllr. McGinleyThat the issues raised in the final paragraph on page 32 be addressed in the Plan. Briefing Note: The Manager’s Opinion in the last paragraph on page 33 doesn’t mention road safety for walkers, pedestrians and cyclists.

Response:Agreed.The need to enhance road safety for walkers,pedestrians and cyclists are recognised as a key priority and will be reflected in the draft plan.

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Motion 107 – Cllr. McGinley(i) That there is a policy on Renewable Energy and that it be subdivided into wind energy and hydro power (ii) and that, in particular, the issue of impact on public rights of way and walking routes be addressed in the Plan.

Response:Agreed.(i) In accordance with section 10(2)(b) of the Act the Plan will include objectives for the provision, or facilitation of the provision of infrastructure including energy which will include renewables.

(ii) With regard to public rights of way and walking routes applicants will be required to demonstrate the degree to which the proposal will impact on the amenities of the area. Motion 108 – Cllr. McEvoyThat best practice in the area of biomass energy systems is adopted as part of the county plan to encourage sustainable energy provision and to protect the environment.

Response:Agreed. The Council’s goal is to support the development of sustainable renewable energy sources at appropriate locations.

Motion 109 – Cllr. McEvoyThat the policies for hydro-electric energy generation give some focus on engineering upgrades to existing micro-generation stations that have fallen into disuse on rivers in the county.

Response:Agreed.Micro-hydro systems are renewable energy sources and will be supported as per Direction 108. Certain developments of this nature may also be subject to an Environmental Impact Statement which will be considered in the event of a planning application.

Motion 110 – Cllr. McEvoyThat the subterranean heat exchange technology and their installation be subject to controls to protect the quality of aquifers.

Response:Agreed.Thermal energy storage projects (in this case in aquifers) will be subject to any national regulatory requirements/possible permitting. Groundwater is also protected under the Water Framework Directive /River Basin Management Plans.

Motion 111 – Cllr. McEvoy

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That micro-wind generation policies be developed in accordance with best practice for domestic use.

Response:Agreed.The Council’s goal is to support the development of sustainable renewable energy sources at appropriate locations. The Planning and Development Regulations 2007 introduced certain exemptions for the provision of micro-renewables for the domestic sector. These include stand-alone wind turbines and building mounted turbines which are subject to certain conditions and limitations. A policy will be included in the draft plan to promote, encourage ad facilitate the provision of micro-renewable energy.

Motion 112 – Cllr. McEvoyThat the location of multiple telecommunication transmission masts in near proximity take account of the cumulative radio wave powers in the vicinity of the masts and conform with safety guidelines.

Response:Not AgreedThis issue is the responsibility of the Commission for Communications Regulation (ComReg) as the licensing authority for the use of the radio frequency spectrum in Ireland. ComReg is responsible for ensuring that communications operators comply with their licence condition relating to non-ionising radiation. The radiation emissions from communications sites must be within the levels set down in the latest international guidelines.

Motion 113 – Cllr. McEvoyThat telecommunications mast providers be encouraged to co-site their equipment on common structures with the purpose of reducing costs to the consumer and minimising a visual impact on the landscape.

Response:Agreed.Policy TE3 of the current CDP states as follows “To minimise the number of masts and their visual impact on the environment, by continuing to facilitate appropriate development in a clustered manner, where feasible respecting the scale, character and sensitivities of the local landscape, whilst recognising the need for economic activity within the county.” TE5 also seeks to encourage the sharing of installations. Similar policies will be included in the forthcoming plan.

Motion 114 – Cllr. MurphyThat assessment on the quality of ground water is used in applications for new developments in area's not served by mains water.

Response:Agreed. This is standard practice for all developments (excluding one-off housing) in areas served by mains and not served by mains.

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Motion 115 – Cllr. ScullyThe location of power generating facilities should consider the promotion of sustainable economic investment in the region of the county where the development is proposed. Response:Agreed subject to modification.Any significant planning application for power generating proposals to the planning authority will require the submission of an Environmental Impact Statement which will address many issues including the economic implications of the proposed development.

Motion 116 – Cllr. ScullyThe development of power generation facilities should be in accordance with the rural development strategy and other County Development Plan policies and designations designed to promote, retain and maintain the existing rural fabric.

Response:Agreed subject to modification.The draft plan will contain a policy to facilitate, promote and achieve a reasonable balance between responding to central Government policy on renewable energy and enabling energy resources within the county to be harnessed in a manner that is consistent with the principles of proper planning and sustainable development.

Motion 117 – Cllr. ScullyThe development of power generation facilities should consider all existing infrastructure and include roads, water and waste water services as well as the relevant existing utilities.

Response:Agreed.Any significant planning application for power generating proposals to the planning authority will require the submission of an Environmental Impact Statement which will address many issues including the impact of the development on material assets.

Motion 118 – Cllr. ScullyAny proposal for the rezoning of land to accommodate power generation facilities shall objectively and quantifiably assess alternative sites in the county already zoned for that purpose.

Response:Not Agreed.There are currently no lands zoned for power generating facilities within the County. Each application is judged on its merits and any significant proposal will require the submission of an Environmental Impact Statement which would be required to outline the main alternatives studied by the developer, and an indication of the main reasons for the preferred choice, taking into account effects on the environment.

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A brief discussion took place during which Cllr. Scully reiterated his point about having suitably zoned land available. The County manager pointed out that putting the onus on the planning authority to identify sites which might never be used was too great a burden. Most power plants would be located in rural areas which are zoned for agriculture and would be the subject of an EIS

Motion 119 – TWGThat Kildare County Council make an assessment of infrastructure deficits and prioritise with regard to improving job creation capacity of the County. Response:Agreed.The core strategy of the draft plan will be informed by the RPG’s with regard to infrastructural deficits and the assessment of needs over the period of the plan. The core strategy will also have regard to capacity requirements to maintain and facilitate job creation within the County.

Motion 120 – TWGThat Kildare County Council develop a strategic and integrated approach to the roll out of commercial infrastructure (energy, communications and transport) having regard to maximising the use of these resources in the most cost effective manner possible.

Response:Agreed subject to modification.A policy will be included in the draft plan which seeks to ensure the co-ordinated delivery of necessary infrastructures and services to support sustainable communities.

The Developing Areas Initiative operated through the DoEHLG is also an initial response to the challenge of joined up Government and integrated delivery of infrastructure and services. The Developing Areas Initiative facilitates communication – between local and central government, between public and private sectors and between Government Departments and delivery agencies.

Motion 121 – TWGThat Kildare County Council takes note of the submission from Carlow County Council in relation to future water constraints at Castledermot and immediately investigates ways of combating any such shortages

Response:Agreed.The Water Services Department are fully aware of future water supply requirements for Castledermot and will address same through cooperation with Carlow County Council, water conservation measures and alternative supply arrangements.

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Motion 122 – TWGThat Kildare County Council ensure that all future temporary waste water connections allowed as part of planning permissions do not adversely impact on the quality of life of those who purchase units in such developments

Response:Agreed.Water services consider temporary waste water arrangements (e.g. wastewater treatment plant) only in situations where (i) a permanent solution has been identified and (2) a definite time frame is in place for its delivery. In all cases temporary or permanent approval must be received from the Environment Department.

Motion 123 – TWGThat Kildare County Council ensure that all developments should incorporate some way of collecting and re-using rain water.

Response:Agreed subject to modification.Water Services currently consider rain water harvesting as an alternative to attenuation.

Motion 124 – TWGThat Kildare County Council ensure that any future large scale energy plant applications do not impinge on the quality of life in rural Kildare.

Response:Agreed.Each application is judged on its merits and any significant proposal will require the submission of an Environmental Impact Statement which is required to assess the impacts of the development on a range of topics including human beings, flora, fauna, water soil, air, landscape, material assets and cultural heritage.

Motion 125 – TWGThat Kildare County Council develops its two current recycling plants and immediately put in place a plant in the North of the County.

Response:Agreed.It is an objective of the Council to provide a recycling facility in the North of the County and to seek new markets for recycling in relation to existing centres.

Motion 126 – TWGThat Kildare County Council extend its education and green flag programme in our schools with particular emphasis on recycling and waste management.

Response:Agreed.

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Motion 127 – TWGThat Kildare County Council immediately map areas within the County which are subject to flooding and develop plans to combat such flooding.

Response:Agreed.The Office of Public Works in conjunction with KCC has prepared these maps (ref: OPW website).

Motion 128 – TWGThat Kildare County Council engages in promoting our waste collection and recycling services to the commercial community with a view to increasing profitability of the service.

Response:Agreed.This will be kept under review.

Motion 129 – TWGThat Kildare County Council investigate through a pilot scheme the feasibility of providing co-operative baling services for the small to medium business community, this could be a mobile unit and should have the capacity to be revenue generating.

Response:Not Agreed.The management of waste arising should be addressed by the business community.

The Manager also pointed out that this matter was more appropriate to the Waste Management Plan.

Motion 130 – TWGThat alternative farming enterprises engaging in energy generation should be favourably considered.

Response:Agreed. The Council will facilitate energy crops in agriculture in an environmentally sustainable manner.

Motion 131 – TWGThat large commercial and civic buildings such as schools and swimming pools be encouraged to use most efficient energy systems available, harvesting the heat generated from the activity in these large buildings / enterprises and re-using it in meeting the energy needs of the building.

Response:Agreed.

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As part of the Energy Performance Building Directive, a Building Energy Rating (BER) certificate, which is effectively an energy efficiency label, will be required at the point of sale or rental of the building, or completion of a building. The Council will continue to conform with national policy in this regard.

Additionally, the use of the building should also inform the energy design philosophy. Where possible, solutions that: avoid, reduce and renew should be incorporated, (e.g. where there are, significant heat and electrical loads, over 24 hour intervals, consideration should be given the use of Combined Heat Power and other appropriate systems.)Examples of issues which applicants should have regard to in designing a building/ dwelling may be incorporated into the draft plan.

Motion 132 – TWGThat all planning applications be assessed to gauge the level of energy efficiency proposed and encouraged to maximise same.

Response:Not AgreedThe standard of design and construction of buildings to improve energy efficiency is governed by the revisions to Part L of the Building Regulations (2008) and the introduction of schemes such as the Building Energy Rating. These provisions provide the appropriate mechanism to assess the energy efficiency of buildings.

It is however, recommended that a policy be included in the draft plan “to promote energy conservation and efficiency measures and facilitate innovative building techniques that promote energy efficiency and use of renewable energy sources in accordance with national policy and guidelines”.

It was agreed on Cllr. S. Doyle’s proposal that the policy be strengthened and the word “promote” looked at.

Motion 133 – TWGThat Kildare County Council investigate alternate commercial uses for the large tracts of cut away bog land in the County, i.e. energy generation through wind farms or development of large market garden industry on edge of largest population mass in Country, the marriage of both of these enterprises could be very beneficial in creating economies for production of low mileage foods.

Response:Agreed subject to modification.Policy BL2 of the existing CDP supports “a balanced approach to the re-development of cutaway bogs. Large portions of cutaway bog should be developed as areas for wildlife, biodiversity, conservation and their amenity value, whilst other portions can be utilised for economies such as grassland, forestry and wind energy”. Policy BL 4 also recognises that cutaway bog lands represent degraded landscapes and / or brown field sites and thus are potentially robust to absorb a wide variety of sympathetic developments. It should be noted that they have the potential for grass and forestry, however, difficulties can arise with crop production”

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Similar policies can be brought forward into the draft plan which would not preclude energy generation or crop production subject to normal planning considerations.

Bord na Mona is currently investigating alternative uses for cut away bog.

Motion 134 – Cllr. McEvoyGiven climatic changes, that this council adopt the policy of periodicPreventative maintenance of river networks to prevent the re-emergence offlood risk. This would build on progress made with capital programmes alongthe river networks.

Response:Not Agreed.This is not a matter for the Development Plan.

However, a preventative maintenance programme is already in place (e.g. Barrow, Slade, Griese) which is subject to funding.

Motion 135 – Cllr. McEvoyGiven climate changes, that this Council adopt the policy of periodicPreventative maintenance of exfiltration systems (roadside drains, gullies,culverts, storm drains, holding tanks, attenuation tanks, attenuation ponds,etc) to remove blockages and prevent silt build-up that reduces flowcapacity to cause flooding. Explanation note: That appropriate funding be ring-fenced in the roadssection budget to support this need. The increase of development,developments being taken-in-charge and roads being taken-in-charge requiresappropriate maintenance funds.

Response:Not Agreed.This is not a matter for the Development Plan. It is subject to appropriate engineering design and standards, and is also a matter for consideration by the area engineer on an annual basis, subject to budget allocations.

Following a brief discussion it was agreed to include a policy supporting use of best practice attenuation methods.

Motion 136 – Cllr. McEvoyThat the Council adopt policies to distinguish and limit theresponsibilities of the various Council sections which undertake programmesthat are not alongside roads.

Explanation note: In cases of flooding, the remedial work necessary inunderground piping, ordinarily dry ditches feeding road ditches, etc., arenot always next to roadways. Water courses do not respect financialboundaries!

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Response:Not Agreed.This is not a matter for the Development Plan, however, main river channels are currently covered by an ongoing maintenance programme, subject to funding constraints (refer direction no. 134)

Motion 137 – Cllr. McEvoyThat planning applicants be obliged to submit and undertake an ongoing maintenance schedule for proposed exfiltration systems (gullies, culverts, storm drains, holding tanks, etc) to prevent flood risk. The installation and ongoing maintenance should be subject to planning control supervision and enforcement. Planning permission should detail applicants’ responsibilities and liabilities for not maintaining their exfiltration networks.

Response:Not Agreed The Building Control Department ensures that appropriate systems are put in place as part of the taking in charge process.

It was agreed to include a statement regarding use of best practice maintenance methods.

Motion 138 – Cllr. McGinleyThat the issue raised on page 36 of the Manager’s Report on Telecommunications dealing with rights of way be addressed in the Plan.

Response:Agreed.A similar policy as contained in the current CDP will be carried forward in the forthcoming draft regarding the provision and siting of telecommunications infrastructure, “TE2 To provide orderly development of telecommunications infrastructure throughout the county in accordance with the requirements of the “Telecommunications Antennae and Support Structures – Guidelines for Planning Authorities” July 2006, whilst having regard to the policies for the Landscape Areas of County Kildare”.

With regard to rights of way applicants will be required to demonstrate the degree to which the proposal may impact on the amenities of the area.

Motion 139 – Cllr. McGinleyThat there be a policy on Public Rights of Way, dealing with the protection thereof and a requirement to list them.

(Many other counties either have lists or have a commitment to list including DLR, Meath, Fingal, Carlow & South Dublin which are all either adjoining counties or counties within the Greater Dublin Region.)

Response:Agreed subject to modification.

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A general policy may be included to preserve and/or extend and enhance existing public rights of way and to create new rights of way in the interest of amenity as opportunities or needs arise.

However, there is no mandatory requirement to list public rights of way in a county development plan. Under Section 14 of the Planning and Development Act 2000, when a planning authority proposes to include a right of way in a development plan, they must serve notice on the owner and occupier of the land, allow them the opportunity to make submissions and submit any proposal to list the right of way to the elected members. Where the members decide that the right of way should be listed, the owner and/or occupier has a right to appeal to the Circuit Court within 21 days and if the court rules that there is no public right of way, then it will not be included in the development plan. The issue of including a public right of way in a development plan is currently subject to litigation. There are concerns regarding what constitutes a public right of way. It appears that there is a distinction between a permission granted by the owner of land to members of the public to walk on pathways on his land and the dedication to the public of these pathways. There are also differences between what constitutes a local customary tradition as opposed to a public right of way. Furthermore, it would appear that there is no statute in Ireland which sets out clearly how long a route needs to have been used by the public with the express or implied approval of the landowner before it acquires the status of a legal right of way. While in a limited amount of cases it may be accepted that a public right of way exists it is likely that the majority would be contested. Clear and explicit guidelines to legally clarify what constitutes a public right of way would be helpful in this regard. In the absence of same, the burden of proof in each case will rest with the Local Authority who in turn may be reliant on third party submissions/ affidavits. Such cases may prove particularly onerous and in some cases impossible. Furthermore, the provisions of the legislation provide for attendance at the Circuit Court could result in an excessive cost burden on the local authority.

It should however, be noted that the existence or validity of any public right of way is not affected by whether or not it is included in the development plan.

However, as noted in paragraph 1 a policy statement can be included in the draft plan regarding the strategic context and development of public rights of way in the County.

Motion 140 – Cllr. McGinleyThat there be the policy in the 2005 Plan on Disused Railways be extended to include disused canals.

Response:Agreed subject to modification.The use of disused canals and railways will be encouraged subject to the appropriate development of walks and agreement from the owners of the land for this use.

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Motion 141 – Cllr. Weld & Cllr. LaniganKildare County Council resolves that the Draft Kildare County Development plan 2011-2017 contain the following policy AH8 “TO support the re-development of Clongowes to ensure the continued and enhanced educational use of this protected structure. Any proposed development within the curtilage and/or attendant grounds must demonstrate that it is part of an overall strategy for the future conservation of the entire complex including the structures, demesne and/or attendant grounds.

Response:Agreed.This is currently contained as Policy AH8 in the current CDP and will be continued in the draft plan.

Motion 142 – Cllr. Weld & Cllr. LaniganKildare County Council resolves that the Draft Kildare County Development Plan 2011-2017 contains the following policy for Clongowes, Clane, Co. Kildare CR8 “To provide for a research and development, educational, agri-science and sports academy, on lands adjacent to Clongowes Wood College to ensure its continued and enhanced educational use”

Response:Agreed subject to modification.The policy to support educational, agri-science and sports academy is accepted however it would be premature at this stage to make any determination on the issue of research and development at this location pending the completion of an economic strategy for the entire county. Motion 143 – Cllr. Weld & Cllr. LaniganKildare County Council resolves that the Draft Kildare County Development Plan 2011-2017 contains the following policy for Clongowes Wood College, Clane Co. Kildare “in order to build on the existing international reputation of Clongowes Wood College and to continue its re-development into the future it is proposed to provide for knowledge based uses including research and development and associated employment uses at Clongowes Wood College. Such uses are to respect the existing character and environment of the college and its lands”

Response:Not Agreed.It would be premature at this stage to make any determination on the issue of knowledge based uses / research and development at this location pending the completion of an economic strategy for the entire county.

John Lahart referred to the two motions above and said they should be included as part of the Economic Strategy and worded accordingly. It was agreed to discuss the wording with the two Councillors.

Motion 144 – Cllr. McEvoyThat this council preserve for the common good all existing public rights of way and access routes which contribute to general amenity.

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Response:Agreed subject to modification.See response to Direction 139.

Motion 145 – Cllr. McEvoyThat this council create new rights of way or extend or enhance existing rights of way and access routes in the interest of amenity.

Response:Agreed subject to modification.Refer Direction no. 139.

Motion 146 – Cllr. McEvoyThe council will use its powers under the planning acts to preserve and maintain existing rights of way, to create new ones where appropriate and to promote their greater use in amenity areas.

In addition, the council may seek to incorporate the creation of pedestrian ways as a condition of planning permissions to link amenities, facilities and points of interest.

Response:Agreed subject to modification. (i)Refer Direction no. 139

Agreed(ii) The importance of connectivity and permeability between communities, community facilities, commercial facilities, places of work etc will be highlighted as an important design principle regarding the layout and design of streets in residential areas.

Cllr. McEvoy added that he was also concerned about rights of way and access to burial grounds. These issues are dealt with under motion

Motion 147 – Cllr. McEvoyThat this council identify, signpost, map and list public rights of way.

Response:Not Agreed. Refer Direction no. 139.

Motion 148 – Cllr. McEvoyThat the council develop policies around the installation or temporary installation of CCTV technology to mitigate issues in areas of sustained anti-social behaviour.

Response:Agreed subject to modification.

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While, the issue of anti-social behaviour is a matter for the Gardai a policy may be included in the plan which recognises the role of CCTV technology to assist in addressing issues of anti social behaviour.

Motion 149 – Cllr. MurphyThat the County Development Board's work on socio economic patterns and trends is referenced in the new County Plan and given expression where appropriate in planning terms in the new County Plan.

Response:Agreed.See Direction no. 1.

Motion 150 – Cllr. MurphyThe work currently being undertaken in the Leisure Services Department, where all recreational facilities are being quantified and mapped, is used to commence work on the social infrastructure assessment for each settlement, within the lifetime of the plan. That a similar exercise is done for the Arts and other Community Facilities.

Response:AgreedThe work undertaken by the Leisure Services Section of the Council in terms of developing a hierarchy of public open space throughout Kildare will inform both the preparation of the County Development Plan and all future Local Area Plans.

In addition, further to Circular L03/08 an audit is being carried out by the ‘Community & Enterprise’ section of the Council which will establish / quantify the level of sports, arts and community facilities currently on offer in Kildare. It is intended that the data gathered will be mapped in order to assess the geographical spread of these facilities throughout the county. Again, it is intended that this information will inform the preparation of both the County Development Plan and Local Area Plans.

Motion 151 – Cllr. MurphyThat the development Plan should include either at draft stage or within the lifetime of the plan, where they are available, the best practice or national average population limits for the provision of leisure andcommunity facilities, example (swimming pool for every 58,000 nationally which is to reduce to 50,000 when the current swimming pool program is complete - Kildare has one public pool for every 92,000).

Response:AgreedAs per the response to no. 150 above, it is firstly intended to map sports, arts and community facilities currently on offer in Kildare in order to determine those areas of the county that are currently lacking in the availability of certain facilities.

Notwithstanding the above, sports campuses have now been developed in Naas and Athy. It is the intention of the Council to develop other sports facilities in the

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north of the county. In this regard it should be noted that the development of a swimming pool and associated facilities is being encouraged through specific objectives of Local Area Plans for the north of the county. The development of such facilities however is dependent on funding being available.

Motion 152 – Cllr. MurphyThat the protection and development as an amenity of the Liffey Valley is included in the County Plan and reference is made to the Liffey Valley Strategy.

Response:AgreedThe existing policy RP 3 shall continue i.e. “To seek an extension of the proposed Special Amenity Area Order for the Liffey Valley from Lucan to Leixlip (which is envisaged by the Dublin Local Authorities) to other parts of the Valley within County Kildare”.

The Liffey Valley Strategy will be reviewed and will inform the preparation of the draft plan.

Motion 153 – Cllr. MurphyThat we identify the line of the "Sli Mor" across the county with a view to protecting and developing it as a walking trail.

Response:Agreed subject to modification.The identification of the route and development of a walking trail may be investigated in co-operation with other local authorities i.e. Dublin, Meath, Westmeath, Offaly, Roscommon & Galway and in co-operation with other bodies such as Bord Failte. Issue of access over private property and funding arrangements may impact on the feasibility of the delivery of same.

Motion 154 – TWGThat Kildare County Council carry out an investigation in relation to the location of the educational facilities within the county concentrating on school safety and developing a detailed plan on the introduction of traffic calming measures in the interest of public safety Response:Agreed subject to modification.The Transportation Dept actively reviews public safety in the course of planning applications for new schools. In the case of existing schools, where issues are identified, the Transportation Dept actively attempts to improve public safety while operating within site specific and financial constraints.

Motion 155 – TWGThat Kildare County Council realise the immense value in our heritage trails throughout the County in not only providing amenity to our citizens but also as a means of attracting visitors to the County and to this end that we investigate the protection and use of the Sli Mor (East West trail through Ireland) route through our County.

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Response:Agreed subject to modification.Refer Direction 153.

Motion 156 – TWGThat we engage with neighbouring authorities in the development of water way walks and heritage trails that we share, and take a co-operative approach to their upkeep and development.

Response:Agreed.Include the following policy “To maximise opportunities for the use of the canals, waterways and heritage trails as tourism and recreational amenities. In this regard the Council will co-operate with Waterways Ireland, National Parks and Wildlife Service, adjoining local authorities, landowners and community groups to develop the infrastructure, quality and amenity of these waterways and trails. “

Motion 157 – TWGThat Kildare County Council recognises the importance of out of town sports and recreational facilities, in servicing large hinterland communities, where the site includes comprehensive off road parking and conforms to all safety guidelines.

Response:Not Agreed. Current planning policy regarding sports and recreational facilities as outlined in the RPG’s indicates that planning authorities should:have a presumption in favour of the retention of existing sports and recreational facilities.Locate areas of open space, recreation and sports facilities, especially such facilities in urban locations, within easy access by walking and cycling.Locate larger facilities likely to attract significant numbers of people and to be intensive trip generators, on routes well served by public transport. The direction as outlined is at variance with the above position and would be inappropriate pending the audit currently being undertaken on sports facilities. The data gathered will be mapped in order to assess the geographical spread of these facilities throughout the county and will inform the preparation of both the County Development Plan and Local Area Plans.

Cllr. Kelly pointed out that the response seemed to suggest that all sports facilities were town based. This was not always the case and it was agreed to adopt the motion with an amendment as follows: “That KCC recognises the importance of out of town sports & recreational facilities where appropriate, in servicing large hinterland communities……”

Motion 158 – TWGThat Kildare County Council encourages the development of Older Peoples groups within the county considering their importance within our communities and the potential they offer for social inclusion, and that a recreation and amenity plan that meets their specific needs be devised.

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Response:Agreed subject to modification.It is recommended that a policy be included in the CDP to ensure adequate development of appropriate commercial and community facilities in population centres with higher proportions of older people. Motion 159 – TWGThat Kildare County Council encourages the continued roll out of Youth Cafes and teenage Playgrounds within the county, recognising the need for the members of our young community to have centres for positive engagement.

Response:Agreed.It is recommended that a policy be included in the draft plan “to support and facilitate the development of indoor and outdoor recreational facilities to cater for all age groups on suitable sites, and to ensure that these facilities are accessible to people with disabilities”.

Motion 160 – TWGThrough the County Development Board that an integrated approach on behalf of service providers be taken to investigating opportunities to use civic space for recreation and community activities within our County, particularly in areas where no dedicated space exists.

Response:Agreed.The CDB which is representative of the major statutory and voluntary / community sectors is the main driver of integrated service delivery at local level and promotes partnership and collaboration across the county.

Motion 161 – TWGThat Kildare County Council assist communities with the restoration and development of Community Halls and centres ensuring that such facilities continue to play an important part in Community life in Kildare.

Response:Agreed.It is recommended that a policy be included to support and encourage communities in the restoration and rehabilitation of community halls/centres, thereby facilitating a greater level of social and community inclusion. Assistance in the form of funding would be subject to budget allocations.

Motion 162 – TWGThat Kildare County Council develop the use of all weather pitches within the County providing assistance to schools, sports clubs and the wider community.

Response:Agreed.

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Existing policy (CF5 – “to continue the shared use of community facilities so as to maximise the sustainable use of such infrastructure and promote community cohesion”) will apply, with possible inclusion of existing educational facilities – The recently adopted LAPs have a similar policy – “to encourage the shared use of existing educational and community facilities for community and non-school purposes, where possible, in order to promote sustainable use of such infrastructure”. A similar policy will be included in the new CDP.

Motion 163 – TWGThat a co-operative approach be taken in the provision of valuable and costly recreational and amenity space within the County in conjunction with other service providers, particularly the Department of Education.

Response:AgreedIt shall be an objective of the Council to support the use of multi-functional buildings throughout Kildare in association with service bodies.

Motion 164 – TWGThat Kildare County Council ensure that all future residential developments incorporate sufficient open space that is conducive to outdoor play in our climate using hard and soft core play areas where possible.

Response:AgreedThe draft development plan can include a policy to facilitate the zoning of lands for individual education and other community facilities where the demand has been demonstrated through the LAP Process. National policy is set out in the DOEHLG Guidelines ‘Sustainable Residential Development in Urban Areas’ (2009). The accompanying ‘Urban Design Manual’ (2009). Sections 4.15 - 4.21 sets out the national planning guidelines for residential open space. A strategic approach to the provision of public open space at county level is recommended. Qualitative standards are detailed in the guidelines under the following headings; design, accessibility, variety, shared use, bio-diversity, SUDS and allotments. Recommendations regarding quantitative standards are also set out. These guidelines and the accompanying Urban Design Manual will be used as the framework for public open space standards in the new CDP.

Motion 165 – TWGThat national standards for recreational and community facilities be developed into a County Matrix outlining minimum standards of community and recreational supports required for various levels of population. This matrix should also have regard for the age profile of the population for which detailed mapping already exists in our 'Rural -Urban dynamics in Kildare’ publication.

Response:Agreed subject to modification.The planning authority will review the relevant policy documents which outline certain standards regarding community and recreational facilities and reference appropriate standards e.g.

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Sustainable Residential Development in Urban Areas (2008) regarding open space provisionChildcare Facilities Guidelines (2001) regarding provision of childcareProvision of Schools and the Planning System(2008) regarding schools provision.

Further to Circular L03/08 an audit is being carried out by the ‘Community & Enterprise’ section of the Council which will determine the level of sports, arts and community facilities currently on offer in Kildare. It is intended that the data gathered will be mapped in order to assess the geographical spread of these facilities throughout the county. Again, it shall be intended that this information shall inform the preparation of both the County Development Plan and Local Area Plans.

The development of an open space strategy will address some of recreational needs of the county relative to population size.

Motion 166 – TWGThat our zoning of lands for education and community be reviewed, this zoning has primarily delivered on education, we need to consider should this zoning be done individually to ensure that we get delivery of both.

Response:AgreedThe draft development plan can include a policy to facilitate the zoning of lands for individual education and other community facilities where the demand has been demonstrated through the LAP Process.

Motion 167 – TWGIn developing a matrix of recreation facilities we need to be comprehensive in approach and offer a full range of facilities active, passive, artistic and creative.

Response:AgreedFurther to Circular L03/08 an audit is being carried out by the ‘Community & Enterprise’ section of the Council will determine the level of sports, arts and community facilities currently on offer in Kildare. It is intended that the data gathered will be mapped in order to assess the geographical spread of these facilities throughout the county. Again, it is intended that this information shall inform the preparation of both the County Development Plan and Local Area Plans.

Motion 168 – TWGIn developing our community facilities we need to be conscious of maximising utility to include as varied a service as possible, i.e. integrating artistic services in our Libraries (good example of this in Leixlip where we have included sound recording studios), we also need to assess each amenity to determine to what extent they are if possible delivering to the whole community.

Response:Agreed

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Existing policy AC1 will continue in the draft plan “to continue the physical enhancement programme of arts spaces in libraries, including visual arts and gallery performance and workshop facilities”.

Policy AC4 re: accessibility of facilities to the wider community will also continue to apply.

Motion 169 – TWGThrough the CDB that funding and investment for the County be consistent in supporting the aims of the CDP.

Response:AgreedPolicies will be informed by and will reflect the socio-economic and cultural considerations of the CDB strategy.

Motion 170 – TWG(i)Need to link in with other agencies in addressing issues of social inclusion. (ii)Need to condition large commercial car parks with provision of gates to prevent anti social behaviour at night.

Response:Agreed (i)Policies to promote Social Inclusion will be included in the draft plan.

(ii)Pedestrian permeability and late night parking areas are part of well-designed vibrant town centres. It is recommended that a policy be included in the draft plan which seeks to facilitate permeability within town centres and to create safe and secure car parking spaces through appropriate design (e.g. high levels of natural surveillance, lighting, easily visible public spaces, etc). Where car parking spaces cannot be designed as part of the public domain, security boundary treatment for after hours may be considered.

Motion 171 – TWGNeed to use our data to identify reoccurring issues of anti social behaviour and address same, in so doing need to capture historic motions from Council meetings and suggested solutions many of which were not feasible due to the constraints of current CDP, now need to address these issues.

Response:Agreed subject to modification.The focus of the development plan is on physical development and land-use and how this can serve the wider social, economic and environmental objectives. With regard to the issue of anti-social behaviour an objective can be included in the draft plan to “create safe, secure and attractive environments where the opportunities for crime and anti-social behaviour are minimised.”

A discussion took place on the need to develop a broad picture of where problems occur and to gather that information from whatever sources we can. The Manager pointed out that the Gardaí were the best source of such information and he added

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that this is the type of information that will be available through the Joint Policing Committees.

Motion 172 – TWGNeed to assess how our social housing policy effects social inclusion. Response:Agreed subject to modification.Section 94 of the Planning and Development Acts 200-2007 states that a Housing Strategy shall take into account the need, inter alia, to counteract undue segregation in housing between persons of different social backgrounds. A revised housing strategy will be prepared as part of the draft development plan.

Motion 173 – TWGNeed to link in with psychiatric services with regard to social inclusion issues of their clients and how we can aid in addressing these issues.

Response:Agreed subject to modification.The goal of the existing CDP to reduce levels of social exclusion by promoting equality of access to services and facilities and assisting in the removal of barriers to full participation will continue to apply. This will include promoting equality of access to public and social services for all members of the community including those with mental health issues.

The HSE has been consulted regarding the preparation of the draft plan.

Motion 174 – Cllr. MurphyThat breastfeeding facilities are provided for in new shopping centres and public places but not in the public toilets.

Response:Agreed subject to modification.There is no legislation governing the provision of breastfeeding facilities in certain places. However, the Dept. of Health and Children produced a five year strategic action plan (Oct 2005). One of the Actions in this action plan seeks to ensure that “Breastfeeding mothers and babies will be protected from discrimination in public places”. Development Control Standards to be reviewed as part of CDP. It may be possible to include provision for breastfeeding in developments over a certain size or where development proposals/existing facilities have drop-in facilities for children. This will be reviewed as part of the draft plan.

Motion 175 – Cllr. McGinleyThat the Heritage Chapter be subdivided into six sections:A GeneralB NaturalC LandscapeD Bio-diversityE ArchaeologicalF Architectural

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Response:Agreed subject to modification. It is envisaged that the proposed subdivisions for the CDP will be along the following lines:GeneralBiodiversity/ naturallandscapeArchaeologicalArchitectural

Motion 176 – Cllr. McGinleyThat provision should be made in proposed sub-sections B & E for public access including amenities/sites in private ownership.

Response:Not Agreed.This direction seeks inclusion of access right over private property. Right of access by the public over private property would require the existence or the creation of a public right of way. Refer Direction 139 regarding creation of public rights of way.

Motion 177 – Cllr. McGinleyThat the Plan provides for, in cases of golf course development, the possible obstruction of rights of way and walking routes.

Response:Agreed subject to modification.With regard to golf course developments applicants will be required to demonstrate the degree to which the proposal may impact on the amenities of the area.

Motion 178 – Cllr. KennedyThat we put a lot of thought and action into protecting our species and habitats.

Response:AgreedThis is supported by current policy on the protection of designated and non-designated sites in the county. The County Kildare Biodiversity Plan has been produced and its continued implementation will seek to protect species and habitats in the county.

Motion 179 – Cllr. McEvoyThat this council make it policy to protect and conserve the environment including, in particular, archaeological, architecture of historical significance, natural heritage and special areas of conservation, and to conserve and protect proposed candidate special areas of conservation and natural heritage areas in the county.

Response:AgreedExisting policies in the plan will be reviewed and updated as appropriate.

Motion 180 – Cllr. McEvoy

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That this council safeguard the integrity and the setting of archaeological monuments and sites, including those in national ownership or under national guardianship and that it protect the existing rights of way or accessroutes to such sites and it actively seek to establish public access where it does not exist at present.

Response:Agreed subject to modification.Not all National Monuments in State care or guardianship have existing rights of way or access routes to them as it is often only the site itself that is in care and not the land surrounding it.

A policy may be included to establish those monuments in State care and guardianship that have established public access and to promote and maintain this access.

Cllr. McEvoy added that he wished links to burial grounds and historical/traditional routes to be included.

Motion 181 – TWGThat we take a more innovative approach to planting conditions on our planning permissions with the use of perhaps less in number but more significant landmark planting of mature trees.

In achieving community gain investigate the planting of strategic landmarks within towns and villages in conjunction with local tidy towns and parks manager. Response:Agreed.Development Control standards in the Plan contain policies on the protection of trees and the need to replace removed trees with standard trees.

The provision of planting outside an application site may not be subject to a condition without the agreement of the landowner but the issue may be considered as part of the review of the Development Contribution Scheme and use of monies allocated for amenity purposes.

Motion 182 – TWGThat we continue with our very successful policy of planting gateway roundabouts within the County with innovative themed designs.

Response:Agreed subject to modification.The policy is agreed on condition that the planting has no adverse impacts on road safety.

Motion 183 – Cllr. KennedyIt should be made compulsory with all new planning permission granted that all overhead cables be put underground especially in towns and villages.

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Response:Agreed. Section 15.6 (Street Lighting and Public Utilities) of the current CDP 2005 contains the following policy:

To preserve the amenity and visual character of an area, and in the interests of public safety, all services including electricity, public lighting, telephone and television cables shall be provided underground in all new developments. Provision should be made for the unobtrusive siting of transformer stations, pumping stations and other necessary service buildings. Pole mounted equipment (such as transformers) will not be permitted.

Conditions are being applied to planning permissions for the under grounding of overhead cables in new developments.

Motion 184 – Cllr. McEvoyThat the minimum requirements for private open space be required for both a proposed infill house development and the existing adjacent properties.

Response:Agreed National policy as set out in the DOEHLG Guidelines ‘Sustainable Residential Development in Urban Areas’ (2009), Section 5.9, refers to infill and subdivision of residential sites:

‘The design approach (of infill development) should be based on a recognition of the need to protect the amenities of directly adjoining neighbours and the general character of the area and its amenities’ (p.44)

When considering policies for subdivision of residential sites (e.g. end houses with more extensive plots), planning authorities should implement, ‘design safeguards’ and ‘the need to retain green porous spaces within urban areas.’ (p. 44)

The accompanying ‘Urban Design Manual’ (2009), states that ‘private open space should be of adequate size proportionate to the size of the home’ and ‘as a general rule of thumb, the space should be big enough to allow all occupants of the dwelling to sit outside at the same time’ and ‘provide privacy for users’

It is considered that the CDP should reflect these national guidelines regarding residential infill and subdivision type developments.

Motion 185 – Cllr. MurphyThat the erection of barriers are open to consideration at the entrance to shopping centres.

Response:Agreed subject to modification.Pedestrian permeability and late night parking areas are part of well-designed vibrant town centres. It is recommended that a policy be included in the draft plan which seeks to facilitate permeability within town centres and to create safe and

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secure car parking spaces through appropriate design (e.g. high levels of natural surveillance, lighting, easily visible public spaces, etc). Where car parking spaces cannot be designed as part of the public domain, security boundary treatment for after hours may be considered.

A discussion took place on the level of anti social behaviour in car parks at night time, particularly at Aldi and Lidl sites, which are not usually in town centres or part of any access route. Michael Kenny indicated that the Planning Authority would be sympathetic to a planning application for barriers where anti social behaviour exists and where their installation would not interfere with other uses such as recycling.

Motion 186 – Cllr. MurphyThat developers are encouraged to use, in the layout of housing estates, examples of best practice both nationally and internationally for open space, permeability and traffic control.

Response:Agreed.National policy as set out in the DOEHLG Guidelines ‘Sustainable Residential Development in Urban Areas’ (2009) and the accompanying ‘Urban Design Manual’ (2009) set out detailed best practice for residential developments in urban areas. Best practice Irish and international case studies are illustrated throughout. Policies recommending the use of design statements aiming to ensure the delivery of best practice in urban design for new residential developments shall also be included in accordance with these national guidelines.

Motion 187 – Cllr. MurphyThat community facilities are designed in such a way that they have a multi purpose uses.

Response:Agreed.This policy is currently being recommended in all Local Area Plans; Celbridge Draft LAP 2009, Sallins LAP 2009, Castledermot LAP 2009, Monasterevin LAP 2009, etc (Refer to Part B- Policy C4). State as a policy in the new CDP.

Motion 188 – TWGThat residential developments be of mixed use to achieve both an interesting aesthetic but also deliver on social inclusion. In developing the standards and levels of housing types regard should be had to the population demographic and deficits that exist in housing supply.

Response:Agreed subject to modification. Relevant National policy is set out in the DOEHLG Guidelines ‘Sustainable Residential Development in Urban Areas’ (2009) and the accompanying ‘Urban Design Manual’ (2009). Chapter 5 of the ‘Sustainable Residential Development in Urban Areas’ (2009) provides detailed advice on densities in cities and larger towns, while similar guidance in relation to small towns and villages is to be found in Chapter 6, which details that higher densities are only suitable at certain

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locations and that have the social and physical infrastructure to support them and at a density that reflects the urban structure in which they are located: ‘The scale of new residential schemes for development should be in proportion to the pattern and grain of existing development.’ (p.50). Chapter 4 of the ‘Urban Design Manual’ (2009) details how ‘both tenure mix and housing types should be underpinned by a good understanding of both the existing social mix in the neighbourhood and the saleability of different types of housing provided’ (p.36).

It is proposed to include objectives, which reflect these guidelines.

Motion 189 – TWGExamples of good design need to be acknowledged in the promotion of same, in certain cases this already exists in the County, the challenge will be to achieve good affordable design and this is something the CDP needs to investigate having regard to international best practice and promote accordingly.

Response:Agreed.Principles of Good Urban Design will be set out as policy (in both text and illustration) in the new CDP. National policy is set out in the DOEHLG Guidelines ‘Sustainable Residential Development in Urban Areas’ (2009) and the accompanying ‘Urban Design Manual’ (2009) and shall be referenced throughout the new CDP.

The issue of good affordable design principles shall also be investigated and any appropriate polices will be included.

Motion 190 – TWGThat the Architects Department of KCC take a more active role in planning and issues of design have regard to their professional expertise in this area

Response:Agreed.The Architects Department currently plays a role in both the Development Control process, by attending pre-planning meetings, advising on the design, context and architectural quality of applications, and by preparing design briefs for Local Area Plan sites, when requested. The Department is also involved in the appraisal and listing of protected structures and in the preparation of architectural, heritage and urban design polices for the CDP review. This involvement will continue, during the preparation and implementation of the CDP 2011-2017.

Motion 191 – TWGArchitecture and Design of our built environment while embracing innovation should have regard for the continuity of existing design and where urban design is poor a clear definition of what we aim to achieve through future developments should be set and consistently adhered to.

Response:Agreed.

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Principles of Good Urban Design will be set out as policy (in both text and illustration) in the new CDP. National policy is set out in the DOEHLG Guidelines ‘Sustainable Residential Development in Urban Areas’ (2009) and the accompanying ‘Urban Design Manual’ (2009) and shall be referenced throughout the new CDP. Policies recommending the use of design statements aiming to ensure the delivery of best practice in urban design for new residential developments shall also be included in accordance with these national guidelines.

Motion 192 – TWGThat Kildare County Council immediately reviews its protected structure list, listing the current condition of the structures on the list and reviewing the reasons for each structures position on the list. Response:Agreed.A full review of the Record of Protected Structure list is currently being undertaken as part of the review process and recommendations will be made to the members for consideration as part of the draft plan.

Motion 193 – TWGThat where appropriate, buildings of historical significance without any particular architectural merit should be acknowledged through the erection of a memorial plate rather than the costly preservation of a redundant building.

Response:Not Agreed.A planning authority is obliged to include in its RPS every structure, which in its opinion, is of special architectural, historical, archaeological, artistic, cultural, social or technical interests. The Act requires that a protected structure be of special interest under one or more of the special interest categories. Accordingly, a structure may warrant inclusion in the RPS for its historical interest notwithstanding the fact that it may not have architectural merit. As outlined in Direction 192 a full review of the RPS is being conducted and will be presented to the members for consideration as part of the draft plan.

It was agreed that the Conservation Officer would consult with the members through the Area Committees before the review of the RPS is completed.

Motion 194 – TWGThat Kildare County Council develop its Archaeological sites where possible as tourist attractions.

Response:Agreed subject to modification.Not all archaeological sites in the county have public access. See 180 above. Development of the sites as tourist attractions will be subject to the availability of funding.

Motion 195 – Cllr. McGinleyThat the policy on Agriculture includes the following issues:

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A Recognition of need to re-think rural land use following the change in the system of agricultural supports;B Fencing of hitherto open land;C The open character of commonage;D Rural Tourism

Response:Agreed.The Draft County Development Plan will include policies which will encourage rural development in the county and will seek to recognise the changing nature of rural communities in Kildare.

Motion 196 – Cllr. McGinleyThat the policy on Forestry includes the following issues:A Public access including private* forestry;B Impact on public rights of way, walking routes areas of recreational potential;**C The need to identify public rights of way and walking routes before planting commences.

(*In view of substantial grants available.**Failure to do this can result in rights of way being subsumed into the network of forest tracks.)

Response:Agreed subject to modification.The Draft County Development Plan will include policies which will address the forestry sector in County Kildare.

Any planning application for significant forestry plantation will be required to demonstrate the degree to which the proposal may impact on the amenities of the area

Motion 197 – Cllr. McGinleyThat the policy on Extractive Industry addresses the issue of possible impact on public rights of way and walking routes.

Response:Agreed subject to modification.With regard to extractive industries applicants will be required to demonstrate the degree to which the proposal may impact on the amenities of the area.

Motion 198 – TWGAcknowledging the long term costs of servicing rural Ireland we need to consider issues of sustainability and in protecting our rural heritage we may need to set a critical number to justify same.

Response:Agreed.Sustainability will continue to be an underlying theme in the Draft County Development Plan.

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Development in the county will be encouraged having regard to the core strategy in line with the RPG’s, existing and future infrastructure provision, proximity to employment centres, public transport and social and community infrastructure.

Motion 199 – TWGNeed to have clear criteria for waste water treatment in rural Kildare.

Response:Agreed.This matter will be reviewed in the preparation of the draft plan.

Motion 18 – TWGThat the use of quotas/ points system for rural planning be examinedas a means of creating a consistent and transparent rural housing policythat will conform to the projected indigenous population growth for theCounty and also enable the County to protect rural heritage through themaintenance of a reasonable rural: urban living ratio.

Response:Not Agreed. It would be inappropriate at this stage to agree a quota system pending an examination and review, of the Government Circular SP5/08, Sustainable Rural Housing Guidelines for Planning Authorities (2005), Development Plans - Guidelines for Planning Authorities (2007) and the Regional Planning Guidelines insofar as they relate to the accommodation of housing in rural areas. In addition to the above the provision of rural housing will also be subject to the proper planning considerations including siting and design considerations, protection of heritage etc.

A brief discussion took place and it was agreed that John Lahart would revert to the TWG with the relevant figures.

Motion 19 – TWGThat the rural criteria have full regard to the policy review document on rural housing adopted by the Council during the time of the current plan, and that this document be fully integrated into the rural housing eligibility criteria. Response:Agreed subject to modifications All relevant documents including the one mentioned in the direction together with a review of the Rural Housing Guidelines for Planning Authorities, the Government Circular SP5/08 and policies / objectives of existing Development Plan 2005-2011 and draft RPG’s will be reviewed in the preparation of the proposed draft plan.

Cllr. Lawlor referred to the Rural Housing Guidance document and said it should be integrated into the new CDP. John Lahart agreed that excellent work had been done in compiling the Guidance document but he pointed out that if the rural housing policy changes during this review, having regard to national policies, the guidance document will have to be modified. This was agreed.

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Motion 20 – TWGThat the RH8 policy in our current plan which identifies need basedon medical grounds, should reference criteria of need to support applicationwith the recommendation of a professional medical consultant. Response:Agreed subject to modification.Exceptional medical health circumstances are recognised under the assessment of housing circumstances in section 4.3 of the Sustainable Rural Housing Guidelines. Existing policy RH8 refers to support by medical practitioner / disability organisation.

This must be treated with sensitivity and caution.

Motion 21 – TWGWith the diminution of agriculture, that the sensitive conversion andrestoration of traditional farm buildings for residential use be encouragedand to achieve this end applicants should generally have to have lived orworked within the County for 5 consecutive years.

Response:Not Agreed.The rural development strategy will address such matters as agricultural diversification it would be inappropriate to consider only one element of potential uses for such structures. Furthermore, the issue of compliance with RHP must be considered in the context of the overall policies applicable to the settlements and the wider rural areas.

A brief discussion took place and it was agreed to adopt the motion with modifications, with Michael Kenny reverting to the TWG in this regard.

Motion 22 – TWGTo retain policy RS9 of the current plan in chapter 6. (derelictbuildings that do not require applicants to meet rural eligibility criteria.

Response:Agreed. Note: RS9 relates to derelict dwellings in the rural settlements.

Motion 23 – TWGIn exceptional circumstances, where applicants bring economic benefits to the County particularly in job creation that eligibility for rural housing be considered.

Response:Agreed subject to modification.Regard will be had to Circular SP5/08 and Sustainable Rural Housing Guidelines for Planning Authorities (2005). Regard may be given to applicants wishing to operate a full time business from their proposed home subject to the business contributing to and enhancing the rural community. It is not envisaged that amending local need criteria to include the suggested type of applicant in the broad sense, would be sustainable in the long term.

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Motion 24 – TWGThat in the case of marriage breakdown, where supported by a legal affidavit, that the person or persons who have eligibility to build in the rural countryside will continue to be eligible for a further one off rural planning permission, where the marriage breakdown either necessitates the sale of the family home or results in the person with eligibility to live in a rural house, to leave the marital home.

Response:Agreed subject to modifications All relevant documents including the one mentioned in the direction together with a review of the Rural Housing Guidelines for Planning Authorities, the Government Circular SP5/08 and policies / objectives of existing Development Plan 2005-2011 and draft RPG’s will be reviewed in the preparation of the proposed draft plan.

It was agreed that this was a matter for further discussion at TWG or SPC level.

Motion 25 – Cllr. GriffinThis new plan should examine ways and means of eliminating ribbon development by using clusters. In any case what is ribbon development! Who decided what constitutes ribbon development!

Response:Agreed subject to modifications.The clustering of rural houses is only suitable in certain rural locations and subject to the local character of the site in question (size, setback, natural screening, pattern of development in the area, etc.). All sites shall be subject to normal sitting and design considerations including, passive gain, visual impact on the rural landscape, etc.

Regard will be had to Sustainable Rural Housing – Guidelines for Planning Authorities (2005) wherein it is recognised that the aadoption of a clustered approach, where a group of new houses are set well back from the road and served by a single shared entrance, can often be an effective mechanism in avoiding excessive development with individual entrances onto heavily trafficked roads. This is reflected in the current policy RH11.

The rural design guides to be included in the CDP will include guidance on this matter.

Definition of Ribbon Development is outlined at Appendix 4 of the Guidelines and has been incorporated into the current Development Plan.

A brief discussion took place regarding the use of the words “ribbon development”. It was agreed that the matter would be further discussed by the TWG.

Motion 26 – Cllr. GriffinI propose that sterilisation be eliminated as a condition of any future planning. In my view it cannot be imposed as a burden on the title of any property. Question; Land sterilised i.e. twenty years ago is it still sterilised!

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It was always the view of council members that family members could build on family land (even if sterilised) for first time housing. This has not been the view of planners. (I accept that I need to expand on this view).

Response:Agreed subject to modification.Regard will be had to Sustainable Rural Housing – Guidelines for Planning Authorities (2005) where it is recommended that sterilisation agreements should only be used in exceptional circumstances. Sterilisation agreements on existing planning permissions cannot be altered/varied unless permission is granted for same.

Motion 80 – TWGThat the practice of positioning one off rural dwellings in a ‘parallel to road’ pattern be replaced with a policy of where possible setting the dwelling back from roadside and orientated optimising use of daylight.

Response:Agreed subject to modification.A number of factors require consideration regarding the location of a dwelling in the landscape including, siting and design, environmental considerations, traffic consideration, visual impact, level of development etc. It is accepted that the positioning of a dwelling some distance from the public road and considerations of passive solar gain and other energy efficient considerations are important issues which will be reflected in the rural design guides to be included in the CDP. Motion 81 – TWGThat the practice of clustering one off rural housing be promoted through policy.

Response:Agreed subject to modification.The clustering of rural houses is only suitable in certain rural locations and subject to the local character of the site in question (size, setback, natural screening, pattern of development in the area, etc.). All sites shall be subject to normal sitting and design considerations including, passive gain, visual impact on the rural landscape, etc.

Regard will be had to Sustainable Rural Housing – Guidelines for Planning Authorities (2005) wherein it is recognised that the aadoption of a clustered approach, where a group of new houses are set well back from the road and served by a single shared entrance, can often be an effective mechanism in avoiding excessive development with individual entrances onto heavily trafficked roads. This is reflected in the current policy RH11.

The rural design guides to be included in the CDP will include guidance on his matter.

Motion 200 – Cllr. McGinleyThat the Plan should have a policy on Planning Enforcement.

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Response:Agreed.Include in Development Management Section“To ensure the integrity of the planning system is maintained and that it operates for the benefit of the whole community, the Council will take enforcement action in cases of unauthorised development, where it is appropriate to do so, having regard to the provisions of Part VIII of the Planning and Development Act, 2000.

Motion 201 – Cllr. McGinleyThat the Chapter on Development Control be deleted and the provisions therein included at the end of each relevant policy chapter.

(This layout, which is followed by DLR, provided a “one-stop shop”.)

Response:Not Agreed.The structure of the plan will be reviewed having regard to statutory requirements and the Development Plan Guidelines.Motion 202 – Cllr. MurphyIssues that have been identified over the years at Council, Area Committee or SPC level have they been captured for the County Plan.

Response:This motion will be considered during the preparation of the draft plan.

Motion 50 – Cllr. ScullyThat no developer or builder will be granted planning permission for any new development until previous developments in the County have been signed off by an official as having been completed to the required standard.

Response:Agreed subject to modification.Include in Development Management Section of the draft plan,“To ensure that the integrity of the planning system is maintained and that it operates for the benefit of the whole community, the Council may refuse permission for a development arising from past failures to comply with any previous permission, or with any condition of the permission, that are deemed to be of a substantial nature, and where it is appropriate to do so, having regard to the provisions of Section 35 of the Planning and Development Act 2000 as amended.

Motion 53 – TWGThat apartment units not be permitted in any of the rural settlements throughout the County with the exception of over the shop style apartment units.

Response:Agreed with modifications.It is accepted that the demand for apartment units would be extremely limited but may be appropriate in village core areas in certain circumstances, over the shop or other commercial / community facility or where site constraints in village core areas restrict the construction of more conventional housing units.

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Motion 55 – TWGThat policies be developed that will address the issue of apartmentmaintenance, where developments will be required to provide a unit or number of units, depending on size of development, that can provide for janitor accommodation or the revenue from same to financially support themaintenance of the building.

Response:Not Agreed.The Departmental Guidelines ‘ Sustainable Urban Housing: Design Standards for New Apartments’ (September 2007) do not refer to the provision of janitor space and therefore the Planning Authority would find it difficult to impose such a requirement. This issue has previously been raised at a Council meeting and it was recommended that the item be referred to the Economic Planning & Development SPC for further consideration. With regard to maintenance it is hoped that the Multi-Unit Developments Bill 2009 announced in May which contains proposals for a statutory framework for multi-unit developments and for governance of the property management companies which own and manage the common internal and external areas of such developments will bring relief and clarity to existing and prospective owners/occupiers of apartments. The new framework will apply not only to new developments, but to those under construction and those which have already been completed. Members may wish to inform their colleagues in the Dail and Seanad about their constituent’s experiences in this area.

The members disagreed with the Manager’s recommendation and agreed on the proposal of Cllr. S. Doyle, seconded by Cllr. Miley, to change the motion to read “That policies be open for consideration that will address…..”

Motion 64 – TWGThat the delivery of appropriate childcare facilities in optimum locations be achieved through the use of specific zonings and co-locations and that the current policy of 1:70 ratio as outlined in the current CDP be applied flexible when it can be demonstrated that sufficient childcare places exist within reasonable proximity.

Response:Agreed with modifications.The issue of childcare facilities, locations, numbers, ratio of development to places will be discussed with the County Childcare Committee in the preparation of the draft development plan.

The use of a specific zoning for a childcare facility may be appropriate in circumstances where a deficit in the provision of such services have been identified. It is considered however, that more flexibility can be achieved through the use of the zoning matrix, permitting childcare facilities within appropriate land use zones and allowing for the suitable location of such facilities through the development management process. The current CDP 2005 states that ratio of 1:75 ‘may be varied depending on local circumstances’ (Section 15.8).

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The members disagreed with the Manager’s recommendation and agreed on the proposal of Cllr. S. Doyle, seconded by Cllr. Miley to adopt the motion.

Motion 76 – TWGThat all residential developments be conditioned with the provision of traffic calming measures.

Response:Agreed subject to modification.It is the policy of the Council to require developers to incorporate passive traffic calming measures into the layout of all new residential /commercial schemes which should be demonstrated as part of the overall design concept of the scheme at planning submission stage. Where it is determined by the transportation department that following construction of a scheme that there are safety issues with the layout the transportation department will consider appropriate measures to deal with same and may require the provision of vertical traffic calming as a last resort.

Dealt with under motion 105. Cllr, Kelly indicated that he would raise this issue again if the Manual for Streets did not provide for vertical traffic calming measures as well as passive ones.

Motion 79 – TWGThat socially sustainable living and working within the Countyratios be set for residential development.

Agreed at Council meeting on 12th October that proposed direction needed to be re-worded.

Response:Not Agreed.The settlement strategy will be based on surveys of population, community and amenity facilities, transport infrastructure, employment trends, etc (e.g. census analysis – ref. Rural-Urban Dynamics in Kildare: Socio-economic patterns and trends’, Kildare County Development Board). As such the settlement strategy will reflect the need to achieve socially sustainable living and working patterns within the County and be the driver behind where new residential, employment and community facilities grow during the period of the plan. It is considered that the implementation of site specific ratios for new residential development would be inappropriate as the level of service provision would vary significantly throughout different areas of the County. This would be considered in more detail under the provisions of each LAP. Conclusion

This concluded the business of the meeting.

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