Minutes 2009

Minutes of November Special Meeting of Sligo County Council held on 2nd November 2009 at 11am


COUNCILLORS PRESENT:

  • Councillor Baker,
  • Councillor Barrett,
  • Councillor Barry,
  • Councillor Bree,
  • Councillor Cawley,
  • Councillor Clarke,
  • Councillor Collery,
  • Councillor Devins,
  • Councillor Fleming,
  • Councillor Gormley,
  • Councillor Healy McGowan,
  • Councillor Henry,
  • Councillor Keaney,
  • Councillor Leonard,
  • Councillor Lundy,
  • Councillor Lyons,
  • Councillor MacManus,
  • Councillor McGarry,
  • Councillor McGrath,
  • Councillor McLoughlin,
  • Councillor Mullaney,
  • Councillor Mulvey, O’Grady
  • Councillor Queenan.

OFFICIALS IN ATTENDANCE:

  • Mr H. Kearns, County Manager
  • Mr T. Kilfeather, Director of Services
  • Ms D. Clarke,  Director of Services
  • Mr T. Brennan, Senior Engineer
  • Mr F. Moylan, Acting Senior Planner
  • Ms. M. Davidescu, Acting Senior Executive Planner
  • Ms A. Jones, Administrative Officer
  • Ms M. O’Hara, Executive Planner
  • Mr N. Ballyntyne, Acting Executive Technician
  • Ms F. Loughlin, Staff Officer
  • Ms M. McGovern, Clerical Officer
  • Mr F. MacNabb, Meetings Administrator

CATHAOIRLEACH:

The Leas Cathaoirleach, Councillor V. Cawley presided and at the outset outlined the structure of the meeting as follows:

  1. Consider Manager’s recommendations on submissions (3rd Manager’s Report)
  2. Consider manager’s recommendations on previous late submissions(3rd Manager’s Report)
  3. Consider Manager’s supplementary recommendations (3rd Manager’s Report)
  4. Vote on minor changes to the Amendments, if any, proposed by Members.


TO CONSIDER THE  THIRD MANAGER’S REPORT ON SUBMISSIONS AND OBSERVATIONS RECEIVED RELATING TO THE PROPOSED AMENDMENTS TO THE DRAFT SLIGO AND ENVIRONS DEVELOPMENT PLAN 2010-2016:

Mr F. Moylan stated the following:

 The Proposed Amendments to the Draft Sligo and Environs Development Plan 2010-2016 (SEDP) were on public display from 19 August to 16 September 2009 (both days inclusive). 

During this public consultation period, Sligo County Council and Sligo Borough Council received 74 submissions and observations on the Proposed Amendments, of which 2 related to protected structures. Six submissions were received after the deadline.

He further outlined the role of the Elected Members as follows:

Deciding whether to adopt, to reject or to make minor modifications to the Proposed Amendments to the Draft Plan is a function reserved for the elected members of Sligo County Council and Sligo Borough Council.  At this stage, the Members are required to consider the Proposed Amendments and the Manager’s recommendations contained in this Report. According to Section 12 (10)(a) of the Planning and Development Act 2000 (as amended),

“The members of the authority shall, by resolution, having considered the amendment and the manager’s report, make the plan with or without the proposed amendment, except that where they decide to accept the amendment they may do so subject to any modifications to the amendment as they consider appropriate.”

Furthermore, 

“In making the development plan … the members shall be restricted to considering the proper planning and sustainable development of the area to which the development plan relates, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or any minister of the Government.” (S. 12 (11))

Members agreed that only the Manager’s Recommendation would be read out and put to the Meeting in relation to submissions which pertained to the County Council area.


CHAPTER 3 RESPONSES TO SUBMISSIONS ON THE PROPOSED AMENDMEENTS:


SUBMISSION NO.16:

The members agreed with the Managers recommendations in relation to this submission.

SUBMISSION NO.28:

Proposed by Councillor M. Clarke
Seconded by Councillor R. O’Grady

“Propose that the Manager’s Recommendation be rejected re: amendments no. 11, no. 76 and no. 91.

Mr F. Moylan, Senior Executive Planner stated the following:

The submission refers to the Proposed Amendment no. 11 and the intention to rezone lands at Carrowroe to facilitate the construction of a private hospital.  The subject lands are located outside the development limit of the Draft SEDP and are included in the buffer zone whose function is to contain and consolidate the city while safeguarding land for its future expansion and the provision of strategic infrastructure. It is considered inappropriate to zone lands at this location for community facilities. The existing draft SEDP already provides adequately for the accommodation of such facilities on sites that are more easily accessible, closer to existing residential areas and other community facilities.  The Proposed Amendments no. 11, no. 76 and no. 91 should therefore not be incorporated into the final SEDP.

Following further discussion and as agreement could not be reached, the Leas-Cathaoirleach called for a vote.

For: Baker, Barrett, Barry, Clarke, Collery, Devins, Fleming, Gormley, Healy McGowan, Henry, Lundy, Lyons, McGrath, McLoughlin, Mulvey, O’Grady,
Against: Bree, Keaney, Leonard, Mullaney
Abstentions: Cawley, MacManus, McGarry,

As the result was 16 For, 4 Against, with 3 Abstentions the Leas Cathaoirleach declared the motion carried.

SUBMISSION NO.58:

Proposed by Councillor G. Mullaney
Seconded by Councillor H. Keaney

“To propose that amendments and Section 10.2.7 Objective T1.5a  - Western/City By Pass should be deleted in it entirety”

Mr F. Moylan, Senior Executive Planner stated the following in relation to the NRA’s comments made on the submission:

“Given the strategic importance of the City Bypass and the wider benefits that the route can bring both nationally and regionally by linking gateways to the north and south of Sligo, the Authority considers it entirely inappropriate and contrary to established best practice procedures to seek to restrict consideration of route options.”

He further stated the NRA’s concerns are shared by the Manager, whose opinion on this matter has already been stated in the Second Manager’s Report.  By restricting the investigation of alternative options as part of the environment-related assessments of a possible City Bypass, the technical/scientific approach would be flawed and the legal procedures relating to route selection would be prejudiced.  It is therefore strongly recommended that all possible options be investigated and further consultation be carried out on these options, as previously recommended in the Manager’s Report on submissions relating to the Proposed Variation no. 6 of the SEDP 2004-2010. Every effort should be made to secure continued funding from the NRA for carrying out the necessary studies relating to the city bypass. 

Following discussion, and as agreement could not be reached the Leas-Cathaoirleach called for a vote.

For: Barrett, Fleming, Keaney, Leonard, McGrath, Mullaney,
Against:  Baker, Barry, Bree, Cawley, Clarke, Collery, Devins, Gormley, Healy McGowan, Henry, Lundy, Lyons, MacManus, McGarry, McLoughlin, Mulvey, O’Grady

As the result was 6 For, 17 Against, the Leas Cathaoirleach declared the motion Lost.

SUBMISSION NO 60:

Submission No. 60 already dealt with when considering Submission No. 58.

SUBMISSION NO.61:

The members agreed with the Managers recommendations in relation to this submission.

SUBMISSION NO. 62:

The members agreed with the Managers recommendations in relation to this submission.

SUBMISSION NO 63:

The members agreed with the Managers recommendations in relation to this submission.

SUBMISSION NO. 66:

Proposed by Councillor I. Henry
Seconded by Councillor S. MacManus

“That the Manager’s Recommendation R-RP-13 be rejected so as to confine retail warehouse developments to the sale of comparison goods to a maximum of 20% of net floor space”

Mr F. Moylan, Senior Executive Planner stated the following
The submission refers to Sligo Retail Park at Carrowroe. He outlined the manager’s recommendations as follows:

  1. Modify the Proposed Amendment no. 5 by inserting the text shown in green below:

    P-RP-13 Confine retail warehouse developments to the sale of bulky goods or goods generally sold in bulk and ensure these developments are of appropriate scale. Maximum 30% of the net floor space of any individual warehousing unit may be used for the sale of comparison goods ancillary to the main bulky goods, if the connection between the two types of goods can be clearly demonstrated and if it can be shown that the city centre would not suffer adverse impacts.
  2. The Proposed Amendment no. 62 and the Zoning Matrix should not be modified as requested in this submission.

Following further discussion and as agreement could not be reached, the Leas-Cathaoirleach called for a vote:

For: Barrett, Bree, Fleming, Gormley, Healy McGowan, Henry, Keaney, Leonard, Lundy, Lyons, MacManus, McGarry, McGrath, McLoughlin, Mullaney, Mulvey, O’Grady,
Against:  None
Abstentions: Baker, Barry, Cawley, Clarke, Collery, Devins

As the result was 17 For, None Against, with 6 Abstentions the Leas Cathaoirleach declared the motion carried.


CHAPTER 4 RESPONSES TO LATE SUBMISSIONS ON THE DRAFT PLAN:

SUBMISSION NO. LSDP - 1:

The members agreed with the Managers recommendations in relation to this submission.

SUBMISSION NO. LSDP - 5:

The members agreed with the Managers recommendations in relation to this submission.

SUBMISSION NO. LSDP - 6:

The members agreed with the Managers recommendations in relation to this submission.


CHAPTER 5 MANAGER’S SUPPLEMENTARY RECOMMENDATIONS:

MANAGER’S SUPPLEMENTARY RECOMMENDATION NO.1:

Proposed by Councillor D. Bree
Seconded by Councillor T. McLoughlin

“That the Manager’s recommendation in respect of Amendments 20 and 87 be rejected”

Mr T. Brennan, Senior Engineer stated the following:

T2.11 represents a connection between the R287 (old N4 between the Carrowroe roundabout and the Retail Park Roundabout), east to Cairns Road (L-3602-0), with a link to the Green Road (L-36022-0), and from there north and east to Tonaphubble Road (L-36025-0). The proposed road is necessary to facilitate any future development in the area, in particular south of Carrowroe Retail Park and north-west of Cairns Hill. It will relieve existing congestion at the junction of Pearse Road and Cairns Road (L-3602-0) at Markievicz Park. It will provide access from the south to housing estates east of the Pearse Road (Ferndale, Markievicz Heights, Greenfort Estate, Woodtown Lodge etc.). The provision of this link road will avoid the future potential need to reopen a route through existing estates in the area.

Following further discussion, it was

Proposed by Councillor D. Bree
Seconded by Councillor T. McLoughlin

AND AGREED

“That the Manager’s recommendation in respect of Amendments 20 and 87 be rejected”

MANAGER’S SUPPLEMENTARY RECOMMENDATION NO.2:

Proposed by Councillor D. Bree
Seconded by Councillor S. MacManus

“That the Manager’s Recommendation on proposed amendment no. 48 be rejected”

Following discussion and as agreement could not be reached, the Leas-Cathaoirleach called for a vote.

For: Bree, Cawley, Clarke, Gormley, MacManus, McGarry
Against: Barrett, Barry, Collery, Fleming, Healy McGowan, Henry, Keaney, Leonard, Lyons, McLoughlin, Mullaney, Mulvey

As the result was 6 For, 12 Against, the Leas Cathaoirleach declared the motion Lost.

MANAGER’S SUPPLEMENTARY RECOMMENDATION NO.3:

Proposed by Councillor M. Barrett
Seconded by Councillor I. Henry

“to reject Manager’s recommendation re: zoning of entire site at Drumiskabole (Declan O’Connor)

Following discussion and as agreement could not be reached, the Leas-Cathaoirleach called for a vote.

For: Barrett, Barry, Cawley, Clarke, Collery, Devins, Fleming, Gormley, Healy-McGowan, Henry, Keaney, Leonard, Lyons, MacManus, McLoughlin, Mullaney, Mulvey
Against:  McGarry
Abstentions: Bree

As the result was 17 For, 1 Against, with 1 Abstention, the Leas-Cathaoirleach declared the motion carried.

MANAGER’S SUPPLEMENTARY RECOMMENDATION NO.4:

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

“to accept Manager’s recommendation in relation to proposed amendment no. 82”

Following discussion and as agreement could not be reached, the Leas-Cathaoirleach called for a vote.

For: Barrett, Collery, Fleming, Henry, Keaney, Leonard, Mullaney, Mulvey
Against:  Barry, Cawley, Clarke, Devins, Healy McGowan, Lyons, MacManus, McGarry, McLoughlin, O’Grady
Abstentions: Bree, Gormley

As the result was 8 For, 10 Against, with 2 Abstentions, the Leas-Cathaoirleach declared the motion lost.

MANAGER’S SUPPLEMENTARY RECOMMENDATION NO.5:

The members agreed with the Managers recommendations in relation to this submission.

MANAGER’S SUPPLEMENTARY RECOMMENDATION NO.6:

The members agreed with the Managers recommendations in relation to this submission.

 

Proposed by Councillor J. McGarry
Seconded by Councillor S. Mac Manus

“Having considered the proper planning and sustainable development of the area to which the Development Plan relates, the statutory obligations of the local authority and any relevant policies or objectives for the time being of the Government or any Minister of the Government and having considered the  Draft Sligo & Environs Development Plan 2010 – 2016, Environmental Report and the Third Manager’s Report, dated October 2009 on submissions or observations received under Section 12 (8) of the Planning and Development Act 2000 on amendments (material alterations) proposed to the Draft Sligo & Environs Development Plan 2010 – 2016 and having considered the amendments it is hereby resolved to adopt the Sligo & Environs Development Plan  2010 – 2016 and to make the Plan in accordance with Section 12(10)(a) of the Planning and Development Act, 2000, subject to the Manager’s Report and modifications to the amendments, as proposed and adopted at this meeting.  The proposed amendments to the draft Development Plan dated 19th August, 2009 are adopted unless otherwise agreed at this meeting.

As agreement could not be reached, the Leas-Cathaoirleach called for a vote:

For: Barrett, Barry, Bree, Cawley, Clarke, Collery, Devins, Gormley, Healy Mc-Gowan, Henry, Lundy, Lyons, MacManus, McGarry, O’Grady
Against:  Fleming, Keaney, Leonard, Mullaney

As the result was 15 For, 4 Against, the Leas-Cathaoirleach declared the motion carried.


VOTES OF SYMPATHY:

Proposed by Councillor T. McLoughlin
Seconded by Councillor M. Barrett

AND AGREED

“that a vote of sympathy be extended to Mr Noel McTiernan on the death of his Mother Katie”


END OF MEETING:

The meeting ended at 3.00pm.


Meeting Date 02/11/2009