My second motion at yesterdays (20th July) MD meeting, ” the council clarify the purpose of and reason for location of a vent at the corner of the junction in Athgarvan Village and what can be done to address the odour or relocation of the vent?

Here is the report issued by: Mr J Boland, District Manager: This is a matter for Irish Water and should be referred accordingly to its Head of Asset Strategy/Planning. The following background and commentary may be of help and assistance to the members:

There is an intermittent odour issue in Athgarvan, mainly close to the crossroads, at confluence of the sewer line from the Curragh /Brownstown /Cutbush. Efforts have been made to put measures in place over the years to try to alleviate/abate the issue though the provision of vents on the sewer line.

This has had some benefit but not fully resolved the issue. There are also plans to upgrade the pumping station and this will incorporate some odour abatement measures but, as things stand, there is no timeline as yet from Irish Water.

In any event this will only address odour issues in the vicinity of the plant. If there are complaints locally about odours, it would be best if these were formally logged with Irish Water [ 1800 278 278 – there is a dedicated line for public representatives] and, in turn, complaints can at least be logged and formally referred to the local authority. The matter could also be raised at the periodic Irish Water clinics.

This might also be possibly helpful in terms of influencing Irish Water investment decisions. Please note that the Council have raised this matter with Irish Water on a number of occasions over the years and ultimately it is a matter for that utility to resolve.

My first motion at yesterdays (20th July) MD meeting, That the council expedite plans for the redevelopment of the Old Court House, Eyre Street, George’s Street, Town Hall area of Newbridge by exploring options for one way and car free sections during the month of August to facilitate and trial how such an initiative may impact long term plans to change the layout and enjoyment of this area for businesses and residents.

Report issued by Mr G Maher, A/Senior Executive Officer, Roads, Transportation and Public Safety Department: A report will be provided at the meeting.

My second question at yesterdays (20th July) MD meeting, “Can the council clarify the list of the Approved Housing Bodies in the district that are or have been in engagement with the regulator since 2019, including a list of the type
of issues being addressed and the council’s role in the engagement, and whether it is aware of the of the closed process by which board members are selected and appointed to their boards?

Here is the report issued by: Mr O Brady, Administrative Officer, Housing Department: The Regulation Office in the Housing Agency was established as the interim regulator for the AHB sector in 2014. Subsequently, The Approved Housing Bodies Regulatory Authority (AHBRA) was established in February 2021 to provide regulation of the sector.

Engagement between the AHBs and the regulator is a matter between these parties and Kildare County Council has no role in this function. It is not possible to provide a list of this engagement or the issues addressed as this is a matter between the AHBs and the Regulator. It is the view of the Housing Agency that the Regulatory Assessment Reports submitted to the Regulator are confidential and not for circulation.

The role of the local authority is to provide support for funding applications by the AHB and I refer to circular 15/2016 which advises “only those AHBs who have signed up to the Voluntary Regulation Code by 1 June 2016 will be eligible for funding from the Department of Environment, Community and Local Government under Capital Assistance Scheme, Communal Facilities, Capital Advance Leasing Facility and New P&A Agreements with AHB. From 1 January 2017, in addition to the requirement to have signed up to the Code, only those AHBs that are able to demonstrate commitment to and engagement with both the VRC and the Financial Standard and Assessment Framework, having undergone a satisfactory assessment as part of the annual assessment process by the Regulation Office will be considered eligible for funding under the above schemes.”

Circular 08/2022 revoked circular 15/2016 and states that “AHBs must have received a satisfactory outcome in their most recent assessment under the Voluntary Regulation Code (VRC) to be considered eligible for new funding. AHBs should provide evidence of this in support of their application for new funding” The local authority does not engage with the AHB regarding their status or recommendations of the Regulatory Office and the role of the local authority is to support when appropriate only those AHB’s with a satisfactory assessment for new funding.

Under the Capital Loan and Subsidy scheme there is a Management and Maintenance Subsidy payable to the AHB on submission of a satisfactory annual compliance submission to the local authority. The subsidy is not considered to be new funding and ensures that properties are maintained to a suitable standard. In addition, the renewal of a lease under an Payment and Availability Agreement is not new funding but ensures the continued provision of housing support for an existing tenant.

With reference to the appointment of board members for an AHB, the local authority has no statutory or other involvement in this process.

My first question at yesterdays (20th July) MD meeting , “Can the council provide an update on progress for the delivery of a safe crossing over the Pinkeen Stream in Kilcullen, for the hundreds of children and families that will be
crossing the stream again when the schools reopen?

Here is the report issued by Mr G Maher, A/Senior Executive Officer, Roads, Transportation and Public Safety Department: No funding source was available to carry out these works within the Municipal District, however earlier this year Councillor Tracey O’Dwyer sourced funding through a private contractor (they wish to remain unnamed). A site meeting has been held with the contractor in question. They have agreed to provide the two large culverts required to cross the stream and the gabion baskets required for support and the installation of same under the supervision of the Municipal District office. They advised at the time that due to shortage in materials that it would take several weeks if not months to source and deliver culverts of the size required, and we are waiting on a further update for the delivery of same.

My second question at yesterdays (15th June) MD meeting, “Can the council provide an update on the management plan for the Curragh Plains including details of the erection of what appear to be cameras on the Curragh?

Here is the report issued by: Ms M Hunt, Senior Executive Officer, Planning, Strategic Development
and Public Realm: The members will be briefed on the Curragh Plains Draft Conservation Management Plan, once a suitable date has been agreed, prior to commencing second phase of public consultation which will focus on Interpretation, Wayfinding and Branding. This second phase of consultation will include a webinar and an online consultation, similar to that conducted in the initial stage. There will also be an in person public event in the coming weeks, date to be confirmed. The public will have the chance to comment on draft proposals for the Interpretation and Wayfinding Plan under this round of consultation.

With regard to the cameras recently erected, the Department of Defence have confirmed that they erected the cameras in question and that any queries in relation to the cameras should be directed to them.

My first question at yesterdays (15th June) MD meeting, “Can the council clarify who has the authority to change any element of a plan for which planning permission has been given such as the new pedestrian path along the riverside between the Gables and Coxes House (Kilbelin House) included as part of the application for Belin Woods, and on what grounds any deviation from what is
proposed and approved can be made?

Here is the report issued by: Mr M McLoughlin, A/Senior Executive Officer, Planning, Strategic Development and Public Realm : A material change to a planning permission can only be made by means of a further planning permission. In respect of the case cited above, compliance has not been agreed as yet between the Developer and the Planning Authority and will be determined once all completed documentation has been received.

My second motion at yesterdays (15th June) MD meeting; “That the council clarify who owns Liffey Linear Park or any part of it, and the adjacent lands including full and transparent disclosure of any discussions had or permissions that would be required from owner/s for future development in the area including but not exclusive to the planned board walk, and the clarification of what service or other access could be needed through Ryston or Liffey Linear park for development on local land including the currently zoned amenity land.

Here is the report issued by: Mr S Wallace, Senior Executive Parks Superintendent, Community and
Cultural Development. “The lands from the Bridge to the Strand are unregistered.

• The lands known as the Strand within the park are registered to Aston Limited.
• The lands forming the embankment/towpath from the strand to the Gables B&B
are registered to Denise Harris.
• The lands along the boundary of the Gables are owned by the William Cribbon
Limited.
• The lands from the Gables B&B Car park to the Glenveagh site are registered to
Glenveagh Homes.

Our legal advisors are currently researching any potential ownership of the unregistered lands with a view to Kildare County Council registering the lands. Through the planning process we sought access to the park through the Ryston
Lands by the applicant. However this was deemed unsatisfactory to the applicant. Additionally, the council have also sought transfer of the lands zoned amenity and recreation which form part of the park and which are registered to the applicant. Regarding the lands owned by The Gables B&B our legal advisors are currently
working on the transfer of these lands.

The lands on north side of the Liffey adjacent to the strand area of the park are registered to Aston Limited who are currently applying for a Strategic Housing Development on some of these lands. The Parks Section were involved in Planning meetings related to the application.

In relation to the boardwalk the Parks Section had previous discussions with Ardstone Homes at the SHD stage who are the previous owners of the Kilbelin site. This is currently being developed by Glenveagh. Following highlighting of the current issue regarding the linear connection to the Glenveagh site we had discussions with Glenveagh and our Roads Department regarding the original intentions to provide a
linear connection.

My first motion at yesterdays (15th June) MD meeting That the council provide a copy of the instruction it references when it stated to RTE that it instructed its valuer to not include the ransom strip value of the public land at Athgarvan, clarifying whether the following brief provided to the council’s valuer is the instruction it is referencing:

The Valuation should provide for the following elements:

The cost of the new road that KCC have to build (circa €115k) This is included in our contract so we can’t let the owners build this for us.
The Value of KCC’s 8 units that we have now lost as a result of the developer’s development. I’ve attached the original site map which shows the eight units.
The Value attached to the fact that the developer could not develop his site without KCC’s access to the site.
The value attached to the KCC element now included in the developer’s planning permission (3 sites)

Here is the report issued by: Ms A Aspell, Director of Services, Housing and Corporate Services : The following is an extract from the response to RTE on foot of their request for information from Kildare County Council in advance of the RTE Investigates programme as referenced in Councillor McLoughlin Healy’s motion:

“Reference to “Ransom Strip”

Chapter 17 of Kildare County Council’s County Development Plan 2017-2023 ref 17.2.8 relates to access to land and states “Development should be designed in such fashion that it will not prejudice the provision of vehicular or pedestrian access, or key infrastructural services in adjoining lands. Development should also be designed so as to ensure “ransom strips” will not inhibit future development”. Having regard to this section of the Development Plan, the valuation of the land as sought by Kildare County Council, did not have regard to a potential ransom strip and was valued accordingly.

The land, having been zoned for residential development on foot of a decision of the elected members of Kildare County Council, and having the benefit of a grant of planning permission [Pl Ref 19/117 and 19/118 refers] and the council being the owner of a means of providing “vehicular or pedestrian access, or key infrastructural services” to these adjoining lands could not regard the land in sale, or any right to use any future road which provides access to the development lands, as representing a ransom strip in direct conflict with a provision in the Kildare County Development Plan 2017-2023.”

A copy of the written instruction to the valuer, in relation to the valuation of these lands, is attached for the information of the elected members and is referenced in the councillor’s motion. The written instruction to value the land was communicated by the former Administrative Officer in the Housing Department at the request of the Senior Architect. Section 17.2.8 of the County Development Plan was discussed with the valuer by the Senior Architect after the brief was issued to the valuer and before the valuation was prepared and issued to the council.

The rationale for not valuing the land having regard to ransom strip value is not based on instruction to the valuer, it is based on the fact that it would be contrary to an objective of the current County Development Plan.

My second question at 18th of May MD meeting , ” Can the council clarify the date by which the lease between the council and Sarsfield’s GAA and Newbridge United for the land at Rickardstown is expected to be finalised, and access to the site permitted?

Here is the report issued by: Mr S Wallace, Senior Executive Parks Superintendent, Parks Department. : The lease for the land has been forwarded to solicitors acting for Newbridge United for signing by the club. It must then be forwarded to Sarsfield GAA for signing. The lease should be completed by the end of May provided both clubs expedite the signing. Arrangements are being made to have the site reinstated and it is planned to have this completed by the end of July. Access to the site can be permitted after that.

My second motion on 18th of May MD meeting, “That the council address the queries and concerns of Liffey Hall residents arising from the Glenveigh development on the adjacent Athgarvan road, including the rationale for removal of shrubbery at Liffey Hall in the last 12 months and the dumping of weeds and rubbish at entrance to the estate, the regular discolouration of tap water each time water is pumped for use by the development and clarification as to when and if a roundabout is going ahead at the junction between the Athgarvan and Liffey Hall roads.

Building and Development Control Report issued by: Mr J Malone, Development Control Section. : Building & Development Control have an Engineer on site engaging with the developer and inspections and monitoring continues. It can also be confirmed that we have no complaints on record in relation to this site.

Planning report issued by: Mr M McLoughlin, Administrative Officer, Planning Department. : A response was previously issued regarding the removal of the hedgerow in respect of the Housing Development at Kilbelin, Newbridge, Co. Kildare (ABP 18/302141). The members were advised that the removal of the hedgerow did not require planning permission, and its removal was not a breach of any condition of this permission granted by An Bord Pleanála. A landscaping plan was submitted as part of this permission and may be inspected on the website of An Bord Pleanála or at Kildare County Council Online Planning Enquiry System. The Kildare County Development Plan 2017-2023 includes policies for the protection and management of existing hedgerows and for the replacement of hedgerows where removal is necessary during development. The Planning Department are not aware of any issues from a planning perspective in respect of shrubbery at Liffey Hall.

Parks Report issued by: Mr S Wallace, Senior Executive Parks Superintendent : The Parks Section are not aware of any shrub removal at Liffey Hall or the rationale for it. If the Councillor or the Resident’s Association forward the details to
us, we will pursue the matter.

Roads Report issued by: Mr G Willoughby, Senior Executive Engineer, Roads Planning Team : A 4-arm signalised junction is being installed at the Athgarvan Road / Liffey Hall Junction and not a roundabout by the developer, Glenveagh, as part of their planning permission conditions. These works should be commencing shortly on site.

Water Services Report issued by: Mr J Boland, District Manager : In the past, the Council would consider applications for ‘standpipe licences’ but this no longer applies and such consents are now entirely matters for Irish Water. The concerns as outlined in the motion are noted and are being taken up directly with Irish Water.