KILDARE COUNTY COUNCIL
MINUTES OF MONTHLY MEETING HELD AT 2.00 P.M. ON
WEDNESDAY 28 JANUARY 2002
AT ST. MARY’S, NAAS, CO. KILDARE.
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Members Present: Councillor J. O’Neill (Cathaoirleach); Councillors T. Conway,
G. Conway, F. Dukes, M. Fitzpatrick, M. Glennon, S. Griffin, R. Hendy, W. Hillis,
J. Keane, P. Kelly, T. Lawlor, T. McEvoy, J. McGinley, M. Miley, C. Murphy,
S. Ó Fearghaíl, F. O Loughlin, S. Power J. Reilly, P.J. Sheridan, E. Stagg, J. Wall
and K. Walsh.
Also Present: Mr. N. Bradley (County Manager), Messrs: J. Lynch, T. Skehan (Directors
of Services), A. C. Talbot (Acting Secretary), and other officials.
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01/0102
PROPOSED HOTEL IN ATHY
Councillors Ó Fearghaíl, Miley, Wall and Hendy expressed disappointment at the recent
decision of An Bord Pleanála to refuse planning permission for a hotel development at
Emily Square, Athy.
Resolved, on the proposal of Councillor Ó Fearghaíl that;
 A special meeting be arranged between An Bord Pleanála, and Kildare County
Council in relation to An Bord Pleanála’s decisions to refuse planning permission on
developments granted by the Council.
 The Council express its disappointment to An Bord on the decision to refuse
planning permission in the cases of the proposed hotel at Athy and a housing
development at Rathangan
 A meeting be sought with the Kildare branch members of An Taisce in relation to
objections on planning applications in the County Kildare
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Minutes of Council Meeting 28 January 2002
Page I
02/0102
CONSIDERATION OF MINUTES
Council meeting minutes 17 December 2001
Councillor Murphy proposed an amendment to page IV of the minutes. She proposed
that the last sentence on item 03.12.3 be removed and inserted at the end of the second
amended draft Celbridge plan 2001.
Resolved, on the proposal of Councillor O’Neill, seconded by Councillor Murphy that
the minutes of the estimates meeting of 7 December 2001, the adjourned estimates
minutes of 10 December 2001, the adjourned estimates meeting of 17 December 2001,
Council meeting of 17 December 2001, the special meeting of 12 November 2001 and
the special meeting of 9 January 2002 be confirmed and taken as read, subject to
amendment of item 03.12.3 in the minutes of 17 December by removal of the last
sentence thereof .
Kildare Area Committee meeting minutes of 3 December 2001
Resolved, on the proposal of Councillor T. Conway, seconded by Councillor Stagg that
the Kildare area committee meeting minutes of 3 December 2001 be confirmed and taken
as read.
Leixlip area committee meeting minutes
Resolved, on the proposal of Councillor McGinley, seconded by Councillor Griffin that
the Leixlip Area Committee meeting minutes of 2 November 2001, 11 April 2001, 6 June
2001, 27 June 2001, 20 July 2001, 4 September 2001 and 5 October 2001be confirmed
and taken as read.
Clane area committee meeting minutes
Resolved, on the proposal of Councillor Reilly, seconded by Councillor Sheridan that the
Clane Area Committee meeting minutes of 13 November 2001, special meetings of
1 November 2001, 5 November 2001, 9 November 2001 and 19 November 2001 be
confirmed and taken as read.
Naas area committee meeting minutes
Resolved, on the proposal of Councillor Hillis, seconded by Councillor Glennon that the
Naas Area Committee meeting minutes of 22 November 2001 and special meetings of
12 September 2001, 1 November 2001 and 11 January 2002 be confirmed and taken as
read.
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Minutes of Council Meeting 28 January 2002
Page II
Athy area committee meeting minutes
Resolved, on the proposal of Councillor Hendy, seconded by Councillor Wall that the
Athy Area Committee meeting minutes of 17 September 2001, 19 November 2001 and
Special Meeting of 1 November 2001 be confirmed and taken as read.
03/0102
LOCAL AREA PLANS AND DEVELOPMENT PLANS
Leixlip Local Area Plan
The County Manager reported on the submissions which were presented to the members.
Mr. K. Rushe from Brady Shipman and Martin outlined the submission received on the
Leixlip Local Area Plan to the members.
Resolved that the plan be re-considered by the Council at a later meeting.
Kill Development Plan 2002
Resolved, on the proposal of Councillor Lawlor, seconded by Councillor T. Conway that
the consideration of the Kill Development Plan 2002 be deferred for one month for
clarification on Section 38 and Part five of the Planning and Development Act 2000
Clane Development Plan 2002
The Council considered the amended draft development plan for Clane and submissions
received in regard thereto and also heard a report from Mr. K. Rushe of Brady Shipman
Martin on the contents of the plan.
Resolved, on the proposal of Councillor Sheridan, seconded by Councillor Stagg, the
Clane Development Plan 2002 was adopted following a vote with seventeen members
voting in favour and three members voting against.
Kilcock Development Plan 2002
The Council considered the amended draft development plan for Kilcock and
submissions received in regard thereto and also heard a report from Mr. K. Rushe of
Brady Shipman Martin on the contents of the plan.
Resolved, on the proposal of Councillor Sheridan, seconded by Councillor Stagg, the
Kilcock Development Plan 2002 was adopted following a vote with fifteen members in
favour and three members voting against.
Castledermot Development Plan 2002
The Council considered the amended draft development plan for Castledermot and
submissions received in regard thereto and also heard a report from Mr. K. Rushe of
Brady Shipman Martin on the contents of the plan.
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Minutes of Council Meeting 28 January 2002
Page III
Resolved, on the proposal of Councillor Hendy, seconded by Councillor Miley, that
Castledermot Development Plan 2002 be adopted. Councillors McEvoy and Murphy
stated that they were not in favour of the plan and wished that their comment be noted.
Proposed variation (No. 4) of the County Development Plan 1999
The Council considered report from the Planning Department advising that it was
proposed to vary the County Development Plan 1999 to ensure compatibility of its
provisions with those of the Celbridge Development Plan the amendment being identified
as Variation No. 4.
Resolved, on the proposal of Councillor Ó Fearghaíl, seconded by Councillor Murphy
that the proposed Variation No. 4 be approved as a draft and that public notice be given
of it and that it be displayed for information of the public as required by law.
Proposed variation (No. 5) of the County Development Plan 1999
The Council considered report from the Planning Department advising that it was
proposed to the County Development Plan to ensure compatibility of its provisions with
those of the Strategic Planning Guidelines for the greater Dublin Area the amendment
being identified as Variation No. 5.
Resolved, on the proposal of Councillor Ó Fearghaíl, seconded by Councillor Murphy
that consideration of the proposed Variation No. 5 be reviewed by the Corporate Policy
Group and be brought before Council at the February meeting.
Proposed variation (No. 6) of the County Development Plan 1999
The Council considered report from the Planning Department advising that it was
proposed to vary the County Development Plan 1999 by incorporation therein of the
"Childcare facilities - Guidelines for Planning Authorities - June 2001" the amendment
being identified as Variation No. 6.
Resolved, on the proposal of Councillor Ó Fearghaíl, seconded by Councillor Murphy
that the proposed Variation No. 6 be approved as a draft and that public notice be given
of it and that it be displayed for information of the public as required by law.
Proposed variation (No. 7) of the County Development Plan 1999
The Council considered report from the Planning Department advising that it was
proposed to vary the County Development Plan 1999 by incorporation therein of the
"Residential Density - Guidelines for Planning Authorities - 1999" the amendment being
identified as Variation No. 7.
Resolved, on the proposal of Councillor Ó Fearghaíl, seconded by Councillor Murphy
that consideration of the proposed Variation (No. 7) of the County Development Plan
1999 be deferred.
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Minutes of Council Meeting 28 January 2002
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04/0102
DISPOSAL OF LAND
The Council considered statutory notice signifying intent to dispose of the following
properties:
Premises at Loughbollard, Clane
The Council considered statutory notice dated 7 January 2002, signifying intention to
dispose of premises known as 16 Loughbollard, Clane to Roger and Vicky Horgan in
consideration of the current value of rented equity (up-to-date in line with inflation) at the
date of redemption of the shared ownership loan, pursuant to the conditions under which
the shared ownership loan in respect of the premises was granted.
Resolved, on the proposal of Councillor Sheridan, seconded by Councillor Fitzpatrick
and unanimously approved pursuant to Section 88 of the Local Government Act, 1946 as
amended by Section 88 of the Housing Act, 1966 that the Council consent to the disposal
of the premises in accordance with the terms of the statutory notice.
Land at Oaklawns, Kilmeague.
The Council considered statutory notice dated 17 January 2002, signifying intention to
dispose of 6.82 square metres of the Council's land at Oaklawns, Kilmeague to the
Electricity Supply Board in consideration of payment of €1.27
Resolved, on the proposal of Councillor McGinley, seconded by Councillor Wall and
unanimously approved pursuant to Section 88 of the Local Government Act, 1946 as
amended by Section 88 of the Housing Act, 1966 that the Council consent to the disposal
of the land in accordance with the terms of the statutory notice.
House at Kilcrow, Athy
The Council considered statutory notice dated 15 January 2002, signifying intention to
dispose of a house and grounds at Kilcrow, Athy to Athy Town Council in consideration
of payment of €101,579.00.
Resolved, on the proposal of Councillor Hillis, seconded by Councillor Wall and
unanimously approved pursuant to Section 88 of the Local Government Act, 1946 as
amended by Section 88 of the Housing Act, 1966 that the Council consent to the disposal
of the premises in accordance with the terms of the statutory notice.
05/0102
MATERIAL CONTRAVENTION OF KILDARE COUNTY COUNCIL
DEVELOPMENT PLAN 1999
Planning Reference 01/1467 – Bessilton Holdings Ltd., Housing Development at Straffan
The Council considered report from the Acting Secretary on the proposed development of
lands at Straffan Demesne and Ladycastle Lower for residential purposes at the K-Club.
The report recommended that the proposed development be permitted by way of material
contravention of the County Development Plan 1999.
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Minutes of Council Meeting 28 January 2002
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Resolved, unanimously, on the proposal of Councillor Stagg, seconded by Councillor
Walsh that the Council approve of a material contravention of the Kildare County
Development Plan 1999 in relation to the proposed development and that planning
permission be granted for the said development, twenty-two members of the Council
being present at the taking of the vote on the matter.
Planning Reference 01/1192 – Raymond Conlan Car Showrooms etc. at Rathangan
Demesne
The Council considered report from the Acting Secretary on the proposed development of
lands at Rathangan Demesne for car showrooms, garage, workshop and ancillary
facilities. The report recommended that the proposed development be permitted by way
of material contravention of the County Development Plan 1999.
Resolved, on the proposal of Councillor O Loughlin, seconded by Councillor Reilly and
following a vote with twenty one members in favour and one against, that the Council
approve of a material contravention of the Kildare County Development Plan 1999 in
relation to the proposed development and that planning permission be granted for the said
development.
06/0102
LOCAL GOVERNMENT
(PLANNING AND DEVELOPMENT) REGULATIONS 1994 – 2000
Part X - Housing Development at Calverstown
The Council considered recommendation from the County Manager recommending
approval for the construction of twenty-two dwellings at Calverstown, the proposed
development having been advertised under part 10 of the Local Government (Planning
and Development) Regulations 1994.
Resolved, on the proposal of Councillor Ó Fearghaíl, seconded by Councillor Keane that
the proposed development be approved
Part X - South Kildare Regional Water Supply Scheme
The Council considered recommendation from the County Manager recommending
approval for Contract No. 2 of the South Kildare Regional Water Supply Scheme, the
works to include a 4,500 cubic metre reservoir at Castlefarm and ancillary works, the
proposed development having been advertised under part 10 of the Local Government
(Planning and Development) Regulations 1994.
Resolved, on the proposal of Councillor Ó Fearghaíl, seconded by Councillor Keane that
the proposed development be approved
Part X – Allenwood Sewerage Scheme
The Council considered recommendation from the County Manager recommending
approval for the Allenwood Sewerage Scheme the works to consist of a wastewater
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Minutes of Council Meeting 28 January 2002
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collection network and treatment facilities for the village of Allenwood, the proposed
development having been advertised under part 10 of the Local Government (Planning
and Development) Regulations 1994.
Resolved, on the proposal of Councillor Ó Fearghaíl, seconded by Councillor Keane that
the proposed development be approved.
07/0102
CLAREY GROUP WATER SCHEME
The Council considered report from Director of Housing and Sanitary Services,
recommending that the Clarey Group water Scheme be taken in charge.
Resolved, on the proposal of Councillor Dukes, seconded by Councillor Murphy that the
Clarey Group Water Scheme be taken in charge.
08/0102
LOCAL GOVERNMENT ACT 1955
NAAS INNER RELIEF ROAD
AGREEMENTS WITH NAAS TOWN COUNCIL
The Council considered report from the acting Secretary advising that it was proposed to
enter into agreements with Naas Town Council, pursuant to Section 59 of the Local
Government Act 1955, for the construction by the former of the of the Naas Inner Relief
Road.
Resolved, on the proposal of Councillor Hillis, seconded by Councillor Fitzpatrick that
the Council enter in to the proposed agreements and the said road be constructed by the
Council Section pursuant to those agreements.
09/0102
APPOINTMENT OF SENIOR PLANNER
The Cathaoirleach welcomed Mr. Patrick Gallagher who had recently been appointed as
senior planner.
10/0102
ROAD MAINTENANCE
The Cathaoirleach members joined in requesting that roads in the county which had been
affected by adverse weather conditions be repaired as necessary.
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Minutes of Council Meeting 28 January 2002
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11/0102
VOTE OF SYMPATHY
Resolved, on the proposal of the Cathaoirleach, that the Council extend its sympathy to
the families of James Anthony Lawlor, father of Councillor Anthony Lawlor, Mary Ryan,
sister of Anthony Hennessy, Teresa Cunningham, mother of Stephen Cunningham, Matt
Mannion, father of Debbie Smith, Moira Coyle, mother of Aine Clynch, Paddy Hughes,
father of Noel Hughes, Mrs. Headon, wife of John Headon and mother of Tom Headon.
Sympathy was also expressed to Eileen Doyle on the death of her father and to Paul
Winter (S.A.M. Ltd.) on the death of his partner Nessa.
The votes of sympathy were passed in silence, all present standing.
12/0102
RESIDENTS SURVEY
The County Manager reported that the residents survey commissioned by the Council had
been completed and that the results would be available by mid February.
13/0102
CORRESPONDENCE
The Council noted the report of the Local Government Auditor on the accounts of Lerr
Joint Drainage Committee for the year ended 31 December 2000.
The Council noted receipt a resolution by Fingal County Council in the following terms
“That this Council calls on the government to put in place the necessary
instruments/regulations/laws, to require all services providers i.e., electricity,
telecommunications providers to place all new cabling underground and that these
providers then be required over the coming thirty year period to have underground all
existing cable wires etc”.
Notice of the following conferences was received, and it was
Resolved that the members named in each case should represent the Council at these
events:
 Conference on Local Government Reform to take place on 1 and 2 march 2002 at
Hotel Minella, Clonmel - Councillors Miley, Sheridan, Reilly, Hendy and the
Cathaoirleach
 Conference on the theme of “Roads in Ireland” on 22 February 2002 to 24 February
2002 at the Colmchille Heritage Centre, Gartan, Churchill, Letterkenny, Co. Donegal.
- Councillors Sheridan, O'Loughlin, Keane, T. Conway, Reilly and the Cathaoirleach.
 The Merriman Winter School from 1 to 3 February 2002 in Óstán Vienna Woods,
Gleann Maghair, Corcaigh - Councillors T. Conway and Reilly.
The meeting concluded.
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Minutes of Council Meeting 28 January 2002
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