COMHAIRLE CONTAE CHORCAÍ
_________________________________________________________________________
Minutes of Proceedings at Meeting of Cork County Council held in the Council Chamber,
County Hall, Cork on 12th October, 2015.
I LATHAIR
Comhairleoir J. P. Ó Sé, Méara Chontae
Comhairleoiri Mac Craith, Ó Laoghaire, Daltúin, Ní Fhúarthain, D. Ó Donnabháin,
Ni Dheasmhumhnaigh, Ó Cainte, S. Ó Coileán, M. Ó Murchú, Ó hEarchaí, R. Mhic Cárthaigh, Ó
Colmáin, Lombard, C. Ó Murchú, Ní Mhurchú-Uí Mhathúna, S. Ó Donnabháin, A. Ó
Muimhneacháin, Críod, Ó Gráda, Ó Luasaigh, Ó Riain Ó Conbhuí, P. Ó Suilleabháin, C.
MacCárthaigh, Ó Ceocháin, Sheppard, De Barra, Uí Chuileannáin, Rasmussen, N. Ó Coileán, A. Ó
Suilleabháin, Ó Buachalla, Ó hEigeartaigh, S. Mhic Cárthaigh, Léanacháin-Foghlú, N. MacCárthaigh,
C. Ó Caoimh, Ó Floinn, Ó Dúghaill, Mhic Dháibhí, J. Uí Mhurchú, MacGearailt, G. Ó Murchú, B. Ó
Muimhneacháin, Uí Mhaoláin, T. Ó Coileán, M. Ó Coileán, Ó Cearúill, Ó Donnabháin, C. Ó
Suilleabháin, P.G. Ó Murchú, Uí hEigeartaigh, Ó hAodha, Ó hUrthuile.
PRESENT
Councillor J. P. O’Shea, County Mayor presided.
Councillors McGrath, Ó Laoghaire, D’Alton, Forde, Ó Donnabháin, Desmond,
Canty, J. Collins, M. Murphy, Harris, R. McCarthy, Coleman, Lombard, K. Murphy, MurphyO’Mahony, J. O’Donovan, A. Moynihan, Creed, O’Grady, Lucey, Ryan, Conway, P. O’Sullivan, K.
McCarthy, Keohane, Sheppard, Barry, Cullinane, Rasmussen, N. Collins, A. O’Sullivan, Buckley, Ml.
Hegarty, S. McCarthy, Linehan-Foley, N. McCarthy, O’Keeffe, O’Flynn, Doyle, Dawson, J. Murphy,
Fitzgerald, G. Murphy, B. Moynihan, Mullane, T. Collins, M. Collins, Carroll, N. O’Donovan, C.
O’Sullivan, P.G. Murphy, Hegarty, Hayes, Hurley.
Chief Executive, Senior Executive Officer.
CONFIRMATION OF MINUTES
1/10-1
Proposed by Councillor K. Murphy
Seconded by Councillor D. Canty
RESOLVED:
“That the minutes of meeting of the Council held on 28th September, 2015, be
confirmed and signed by the Mayor.”
VOTES OF SYMPATHY
2/10-1
TO:
Cllr. Claire Cullinane on the death of her mother, Teresa.
TO:
The family of the late Garda Tony Golden.
TO:
The families of those who died in the Carrickmines halting site fire tragedy.
The Mayor stated that books of condolences would be opened in the County Hall Foyer for Garda
Golden and the Carrickmines fire victims.
STATUTORY BUSINESS
DISPOSAL OF 18 PAIRC NA GREINE, DROMAHANE, MALLOW, CO. CORK.
3(a)/10-1
The Senior Executive Officer advised Members that 28 Pairc Na Greine appeared on the Agenda in
error.
In accordance with the provisions of Section 183 of the Local Government Act 2001, the disposal of
property as shown hereunder shall be carried out in accordance with the terms specified in the notice
issued to members dated 29th September, 2015.
DISPOSAL OF 23 BARRETTS PLACE, MACROOM, CO. CORK.
3(b)/10-1
DISPOSAL OF LAND AT MILLEENY, COOLEA, MACROOM, CO. CORK.
3(c)/10-1
DISPOSAL OF 1 ST. MARY’S TERRACE, COOLDUFF, KILMURRAY, LISSARDA, CO.
CORK.
3(d)/10-1
DISPOSAL OF SITE AT 66 KNOCKAVERRY, YOUGHAL, CO. CORK.
3(e)/10-1
DISPOSAL OF LANDS AT KNOCKGRIFFIN, MIDLETON, TO BLACKPOOL
DEVELOPMENTS LTD.
3(f)/10-1
REPORTS & RECOMMENDATIONS OF COMMITTEES
Corporate Policy Group:
OCTOBER CONFERENCE LIST
4/10-1
Proposed by Councillor Ml. Hegarty
Seconded by Councillor K. Murphy
RESOLVED:
“That the Conference List for October, 2015, be hereby approved.
EUROPEAN AFFAIRS COMMITTEE
4/10-1
Proposed by Councillor Ml. Hegarty
Seconded by Councillor K. Murphy
RESOLVED:
“That Cllr. Deirdre Forde be hereby appointed to the European Affairs Committee.”
CIVIC RECEPTIONS PROTOCOL
4/10-1
Proposed by Councillor D. Hurley
Seconded by Councillor S. McGrath
RESOLVED:
“That the Civic Receptions Protocol be hereby approved.”
West Cork Municipal District:
DAMAGE TO ROAD NETWORK IN WEST CORK
5/10-1
Councillor J. Carroll proposed, seconded by Councillor M. Collins, the following motion:“Following the extensive damage to the road network of West Cork, as a result of the recent
bad weather events, that emergency funding would be made available to carry out necessary
repairs and resurfacing work”.
Members noted report from the Director of Services (Roads), which outlined as follows:Significant damage was caused to roads in the West Cork Municipal District as a result of the
flooding event on 11th & 12th September last and in particular across the three West Cork peninsulas.
The Council’s supervisory and outdoor staff worked long hours, over that weekend and again over the
following weeks, carrying out clean up, repairs, and remedial works to make all the roads passable for
locals. However, the roads cannot be returned to a satisfactory standard with proper surfaces until the
necessary funds are made available. A report on progress of the repairs was furnished to the meeting
of the West Cork Municipal District Committee on Monday 5th October.
The estimated cost of the road and associated bridge/structures damage is €2,341,165. The Chief
Executive wrote to the DTTAS on 21st September last requesting funding in order to respond to these
exceptional circumstances and a response to this request is awaited.
A number of structures were badly damaged and will need to be replaced or require extensive
remedial works. This has resulted in a number of strategic roads being closed, for example –
A tidal culvert on the LP 4402 at the causeway in Dough, near the beach at Barley Cove, has
collapsed. The closure of this road has had a big impact on local traffic due to the length of the
diversion route and for tourist traffic accessing Mizen Head. To complicate matters this structure is
located in a Special Area of Conservation.
A short section of seawall near the bridge on the R597, between Leap and Glandore / Union Hall, has
collapsed. An inspection carried on Thursday 8th October revealed that the ground conditions have
deteriorated further in recent weeks and that it is necessary to close the regional road to all traffic,
which will cause inconvenience to those living and working in the vicinity.
The Council is currently in the process of procuring a Consultant to progress the bridge/structure
remedial works should the necessary funding become available.
Members made the following points:







Road funding has been cut by 50% in the last few years;
Roads in West Cork are not fit for purpose for a long time and not only since the recent
flooding;
Queried when the road to Mizen will re-open;
Postmen and emergency services are affected by the poor road conditions;
Flood defence systems are not being progressed;
€2.4m has to be expedited as winter approaches and there may be more floods;
Waterways are completely choked up and their capacity is gone, OPW needs to maintain
rivers;
Lisagriffin closure is dividing communities and adding time to journies how long will it
remain closed?
The Chief Executive advised that €2.3m has been sought from the Department of Transport for
damage done in West Cork. The Council has already spent its own money on the damage but its
capital budget is severely limited.
It was agreed to refer the matter to the Department of Transport.
CORRESPONDENCE FROM GOVERNMENT DEPARTMENTS
RURAL AND URBAN WORKS SCHEME
6/10-1
Members noted letter dated 18th September, 2015, from the Department of Social Protection, in
response to Council’s letter dated 16th September, 2015, regarding the Rural and Urban Works
Scheme.
NOTICES OF MOTION
PLANNING CONDITIONS FOR MARYBOROUGH RIDGE, MARYBOROUGH HILL
7/10-1
Councillor D. Forde proposed, seconded by Councillor S. McGrath, the following notice of motion:“The CE give a written comprehensive report on why the Roundabout entrance to
Maryborough Ridge Maryborough Hill has not yet been commissioned. What is the current
status of the planning, the date of the original planning for this site, outline any discussions
between Nama or its agents in relation to the current situation, and any potential School site,
or through road. Further clarify which agency has recently carried out investigations on the
site and on whose behalf.”
Members noted report from the S/Director of Planning, which outlined as follows:Permission for the development of this site was first granted in 2006. Since then, a further 13 planning
permissions have been granted, most recently in 2015.
The proposal to construct a new roundabout entrance to the site was included by the developer in the
original proposals for the site and has been reflected in the subsequent permissions granted by the
County Council. The roundabout and ancillary works were partially constructed in the early stages of
development but were not completed when economic circumstances brought a halt to construction on
the site towards the end of the last decade. The roundabout and ancillary works are on private land
and the primary responsibility for their construction rests with the developer. In recent years, a
receiver has been appointed and control of the site, and responsibility for the completion of these
works, now rests with them. In all recent planning permissions granted, the completion of the
roundabout has been a pre-requisite to further development taking place.
Discussions have taken place with the Dept. of Education with regard to the possible acquisition of a
schools site in this area.
There are no current proposals for the construction of a through road. However, options are being
considered for access related to the M28 Motorway scheme, some of which may affect the site. These
options are expected to be formalised in the coming weeks.
Members made the following points:





Disgrace that conditions at this location have not been completed after nearly 10 years;
Queried the status of the bond;
Queried if receivers would meet Members to discuss the issue;
File should be sent to the Ministers for Finance, Minister for the Environment, and the
Minister for Education;
The matter should be brought before the Public Accounts Committee;
The case needs to be escalated and report gives little comfort to residents;

Similar situation in Harbour Heights, Passage West with same developer.
The Chief Executive said that this case is not a failure of the planning process and everything has
been done in compliance with proper planning. The site is under control of the receiver and it is a
matter for the receiver to complete any outstanding issues required by the planning permission for the
site.. He said the Council will progress the matter through planning legislation and use all powers
available should this be required.
The Chief Executive advised that the Public Accounts Committee would have no remit over local
authorities and it is not clear what purpose it would serve to refer this issue to them. He assured
Members that this is high on the Council’s Agenda. He said it would be more advisable to write to the
Receiver outlining the Council’s dissatisfaction with the case.
It was agreed to refer the matter to the relevant Ministers and to write to the Receivers.
HAP SCHEME
8/10-1
Councillor D. O’Grady proposed, seconded by Councillor D. Ó Laoghaire, the following notice of
motion:“To request a written report on the current situation regarding the number of private landlords
receiving extra payments from Housing Assistance Payment recipients in County Cork. This
report to also focus on the number of HAP recipients ‘Topping Up’ rent by payments from
their own incomes due to the difference in rent demanded and the Local Authority payment
limit allowed for HAP. The number of HAP recipients ‘Topping Up’ and the areas of the
County where they live to be given by Municipal District. The Report to also provide the
background to the introduction of the system of permitting and recording ‘Top Up’ payments,
a change from the DoECLG position of not allowing these payments at the time of the
introduction of the HAP scheme.”
Members noted report from the S/Director of Housing, which outlined as follows:Based on data extracted from the HAP CRM on 25.09.15, there are 110 HAP tenancies where the
tenant is paying in excess of the HAP rent cap out of 669 overall HAP tenancies. The following gives
a breakdown by Municipal District:
Cases where tenant is paying in excess of
monthly rent limit
No of
Total
MD
Cases
signed
%
BallincolligCarrigaline
29
77
38%
Bandon-Kinsale
21
119
18%
Blarney-Macroom
1
29
3%
Cobh
12
56
21%
East Cork
23
92
25%
Fermoy
10
73
14%
Kanturk-Mallow
6
99
6%
West Cork
8
124
6%
Grand Total
110
669
16%
While securing accommodation under HAP can be challenging in areas where there is a shortage of
supply, the numbers of households securing accommodation nationally under HAP continues to rise,
with an average of 100 new tenancies being registered each week at present. The maximum rent
limits for different household classes that apply in each local authority where HAP has been
commenced are set out in regulations and are currently based on the rent supplement limits as set out
by the Department of Social Protection. In prescribing these limits, household size and prevailing
rents in the relevant areas are taken into consideration. The Department works closely with the
Department of Social Protection and monitors data gathered by both DSP and the HAP pilot
authorities in relation to the rent limits applying. As part of the HAP application process, data is
gathered centrally by the Limerick hub in relation to a range of factors including any payments
beyond the HAP rent caps reported by households.
As stated, the HAP rent limits are set by the Dept. of Environment, Community and Local
Government and Cork Co. Council has no discretion in this regard. Cork Co. Council has now been
operating the scheme since September 2014. In the early stages of the pilot there was no provision for
payment of rent in excess of the rent limits. As the pilot progressed, it became clear that it was
necessary to capture and gather data in conjunction with the HUB and DECLG in relation to actual
rents being paid and functionality was built in to the HAP CRM to record same as this data had not
been available previously for analysis.
In this context, it has been recognised recently that South Dublin County Council required additional
flexibility in the operation of the HAP given the challenging rental market within its administrative
area. The legislation which provides for Rent Supplement payments allows relevant Department of
Social Protection staff discretion in relation to their application of the existing rent limits. Indeed, the
Minister for Social Protection has directed DSP staff to utilise this discretion when justified.
Regulations have recently been signed by the Minister for the Environment, Community and Local
Government and the Minister for Public Expenditure and Reform making similar discretion available
to South Dublin County Council staff by providing an additional 20% flexibility above the previous
maximum rent limits in South Dublin, where such flexibility is necessary in order to secure a suitable
dwelling for the household concerned. The Department will continue to keep this matter under active
review in all HAP pilot authority areas, including Cork county.
Currently, data is being prepared for early submission to the Department seeking a review of rent
limits with particular emphasis on the metropolitan area in the county where the market rental
pressure is greatest.
The members will be informed of the outcome of this in due course.
Members made the following points:










Families are topping up their rent on a scheme that was supposed to work;
Market rents are surpassing rent supplements;
There is a huge scarcity of private rented accommodation which is leading to homelessness;
Threshold survey revealed 44% of rent supplement tenants were topping up their rent;
Rent regulation is needed to limit future increases;
Capping on the HAP Scheme does not reflect the reality that is out there;
Flexibility offered to South Dublin County Council should also be afforded to this Council;
Accommodation is not inspected by the Council leading to sub-standard conditions;
People on HAP scheme can take up full-time employment unlike rent supplement;
Situation can only be addressed through a Housing Construction Programme;
Report is an admission that the scheme is not sufficient;
The Chief Executive said that the report is extensive and there is a challenge where there is no
flexibility particularly in Metropolitan Cork to go beyond rent supplement levels. The Council has
made a case and is waiting for it to be addressed.
COUNTYWIDE SPEED LIMIT REVIEW
9/10-1
Councillor S. McGrath proposed, seconded by Councillor A. Moynihan, the following notice of
motion:“To seek a written report outlining the timeframe and process for the next Countywide Speed
Limit review.”
Members noted report from Director of Services (Roads), which outlined as follows:The Department of Transport, Tourism and Sport has requested the National Roads Authority and all
Local Authorities to commence a comprehensive review and update of all speed limits in their
administrative area in accordance with the process and methodologies set out in its publication
“Guidelines for Setting and Managing Speed Limits in Ireland” issued in April 2015 and set a
deadline of April 2017 for completion of the review. I understand that copies of the Guidelines have
been circulated to the Members of Council.
The Department had indicated that training in the new Guidelines was to be arranged in the form of an
initial National workshop followed by more in-depth specific training in late Autumn. The national
Workshop was held on 17th June and was attended by staff members of Cork County Council but to
date the anticipated in-depth training has not yet materialized.
Transport Infrastructure Ireland (formerly the NRA) have been tasked with leading the review in
respect of National Roads and it is understood that it has recently appointed Consulting Engineers to
carry out the review on National Roads with the intention that the consultation and bye-law approval
phases would intermesh with the LA’s programme, with the ultimate passing of the bye-laws being a
reserved function.
The requirements of the Guidelines in relation to the review are much more onerous than those
previously in place and inter alia require:
1. Confirm existing Speed Limit bye-laws and signs, - this is in progress and nearing completion
and should form the Draft start point for the 2016/2017 review.
2. For National Roads implement 80km/h on those sections that are not suitable for a 100km/h
Speed Limit. [led by National Roads Authority], - initiated by NRA via Consulting engineer
3. For Regional and Local Roads Identify and implement 100 km/h Speed limits on those
sections that are suitable.
4. Implement Speed Limits lower than 80km/h as appropriate for ‘at-risk’ locations.
5. Implement appropriate speed limits for urban areas.
6. Implement 30km/h for housing estates that are suitable, Pilot implementation in 37 estates
almost in place.
7. Implement ‘Slow Zones’ for housing estates that are suitable: Slow zone signs under erection
in the majority of the 37.
8. Review Speed Limits at locations where there have been queries. Queries received over the
last few years have been collated but further recommendations can be expected to be received
through the public advertisement consultation phase.
Clarification has not yet been received on what is meant by the term ‘at-risk’ locations in respect of
No. 4 above and this clarification will be a significant factor in determining the scale of the review to
be undertaken and the resource requirements and accordingly the Council’s ability to complete the
review within the prescribed timeframe.
The condition in the Guidelines requiring the blanket limit of 80 kph on all roads less than 7.0m in
width will be an issue in West Cork where many Regional Roads of width less than 7.0m were
reclassified from the default 80kph to 100 kph in the last review.
The following is the series of steps in relation to public consultation and approval by Members in the
process:
a) Notify TII, (NRA) An Garda Siochána, Elected members, District Engineers and Adjoining
Local Authorities of proposed decision to review Special Speed limit bye-laws and invite
submissions. These submissions are reviewed by the Local Authority Executive staff and
amendments suggested as appropriate. The notifications will issue by 23rd October 2015.
b) Schedule both submissions received and proposed amendments and place on the Agenda of
each Municipal/metropolitan District Meeting for approval. (The representations received
from the Garda Commissioner are also considered here)
c) Elected Members consider the submissions and amendments and Draft Bye-Laws are
prepared on foot of this review.
d) A Public Consultation phase follows on the Draft Bye-laws consisting of newspaper
advertisements, display of draft bye-laws at Council Offices and on LA website and
objections are accepted, in writing, within a period of 30 days. Consultation with adjoining
Local Authorities is to proceed in parallel with this.
e) Executive to consider objections and submissions received and to prepare a report for elected
members, inclusive of comments from An Garda Siochána.
f) Elected members consider the report at Municipal/Metropolitan District Level.
g) A further Draft (B) of the bye-laws and maps is subsequently prepared and this is put before
the elected members at Full Council level for adoption, with a specified date for
implementation of the new bye-laws.
h) The bye-laws are published stating the day upon which the bye-laws come into force and the
signs are erected/moved in advance of the specified date.
The date currently specified by the Department of Transport, Tourism and Sport for the completion of
this process is April 2017.
Members made the following points:





Speed limit review is long overdue;
Some speed limits are not appropriate and local knowledge is needed;
Public querying possibility of temporary limits outside schools;
Period of time for reviews is too long;
RSA should educate people to drive according to conditions;
Local speed limit review should be more flexible.
The Chief Executive said that there is no delay in the Council moving along with this but there are
some interpretation issues. Process will commence with consultation with Members from 23 rd
October. If strict interpretation is used from Guidelines then significant resources would be needed.
LIFTING OF STAFFING EMBARGO
10/10-1
Councillor I. Doyle proposed, seconded by F. O’Flynn, the following notice of motion:“In view of the 2015 Graduate Recruitment Campaign for the Irish Civil Service, that Cork
County Council would seek to lift the employment embargo in order that they could employ
front line staff to help administer the many services provided and required by our Municipal
Districts.”
Members made the following points:




Municipal Districts are working well but their future is dependent on employing more front
line staff;
Commend the Executive for work done with limited workforce;
Villages and towns are depending on the Gateway Scheme;
Machines are lying idle with no replacement staff;
Where will money come from for more staff when the Council is practically self-funded.
The Chief Executive said that there is a successful Graduate Programme in place and currently the
Council employs 12 people with specific skills and this will continue for 2 years. The moratorium on
recruitment in the public service is still in place but there are discussions that there may be a potential
relaxation
The Chief Executive said that there would be huge financial capacity associated with recruitment in
the local authority and costs as it is are beginning to rise. There is also limited opportunity for the
Council to raise funds with the Local Property Tax and Rates being its main source of income.
SHELTERED HOUSING FOR THE ELDERLY
11/10-1
Proposed by Councillor N. Collins
Seconded by Councillor K. Murphy
RESOLVED:
“That this Council requests the Department of Environment and Local Government to make
additional funding available for the provision of sheltered housing, to non-profit Housing
Associations for the elderly.”
Members made the following points:
Housing for non profit will fall without proper funding;




Queried what voluntary Housing Organisations are being allocated;
What are we doing to promote shovel ready land for accommodation of Cluid;
The lack of one off, one-bedroomed housing for elderly single men;
Hostels need help to alleviate overcrowding;
The Chief Executive said that there is a significant Housing Strategy in place and the Council would
be one of the more advanced and proactive local authorities with Housing Associations. He said that
there is no funding for Capital Assistance Scheme and progression depends on their willingness to
work with the Council and the amount of funding in place.
YOUTH OFFICER FOR YOUGHAL AREA
12/10-1
Proposed by Councillor M. Linehan-Foley
Seconded by Councillor N. Collins
RESOLVED:
“Calling on Cork County Council to write to Mr James Reilly Minister for Children and
Youth Affairs, to assign a Youth Officer to the Youghal area bearing in mind that Youghal
unlike surrounding towns such as Midleton, Cobh, Carrigtwohill and Glanmire have a youth
worker in their areas.”
It was agreed to amend the motion to include the towns of Mitchelstown and Charleville.
APPROVED INSPECTOR SYSTEM FOR CONSTRUCTION INDUSTRY
13/10-1
Proposed by Councillor M. D’Alton
Seconded by Councillor D. Hurley
RESOLVED:
“That Cork County Council asks the Department of Environment, Community & Local
Government to move away from the current system of self-regulation in the design and
construction of buildings and to replace it with an independent Approved Inspector system
similar to that operating in the UK.”
Cllr. M. D’Alton proposed the following addendum to the notice of motion:“That the State would acknowledge its responsibility to people who in attempting to buy their own
homes, now find themselves with hazardous properties not constructed in compliance with the
building regulations.”
Members made the following points:








Local authorities in the past were only obliged to check 12-15% of houses leaving 85% of
newly constructed homes unchecked;
Council officials could not cope with the numbers previously;
New system now requires an assigned certifier to oversee and sign off on each stage of the
building;
System now used is too onerous and may put builders off building;
The State should financially safeguard consumers who are affected by rogue builders;
People are paying the price now of poor building standards;
Why did Architects and Engineers sign off on buildings that were not up to standard;
Large scale developments have most problems, should link up with Council’s own health and
safety section;
There are good builders out there and Engineers can only see so much, construction is the
issue.
It was agreed to refer the motion to the Minister for the Environment, Community & Local
Government.
VOTES OF CONGRATULATIONS
14/10-1
TO:
Kilshannig GAA on winning the County Minor B Hurling Championship.
TO:
Newcestown GAA on winning the Premier Intermediate Hurling County Championship.
TO:
The Great Island on winning Gold in the Tidy Towns Competition.
TO:
Ballincollig Tidy Towns on their success in the Tidy Towns Competition.
TO:
Kinsale on continuing to maintain God at the Tidy Town Competition.
TO:
Irish Rugby Team on their win against France in the Rugby World Cup.
TO:
Irish Soccer Team on their performance against Poland.
TO:
St. Finbarrs GAA on winning the County Minor Football Championship.
TO:
Kieran Kingston on being appointed Cork Senior Hurling Manager.
This concluded the business of the Meeting