Agenda and minutes

Minutes of meeting held on 19th April 2021

On the PROPOSAL of Cllr Mary Bohan

SECONDED by Cllr Felim Gurn

It was AGREED to adopt the minutes of meeting of 19th April 2021.

Ms M. Quinn, Director for Services, advised she is awaiting clarification in relation to query from Cllr Frank Dolan regarding a low cost safety scheme, and will revert to him on receipt of same.

Regarding query from Cllr Felim Gurn as to when public realm works in Manorhamilton would commence, Ms M. Quinn advised that once the required insurance is in place the construction contact can commence.

Proposed by Councillor Felim Gurn, Seconded by Councillor Frank Dolan AND UNANIMOUSLY RESOLVED;

“That the Tidy Towns allocations under the General Municipal allocations as circulated to the meeting be adopted”

Proposed by Councillor Padraig Fallon, Seconded by Councillor Frank Dolan AND UNANIMOUSLY RESOLVED;

“That the Arts Festivals Support Scheme 2021 as circulated to the meeting be adopted”

It was agreed to hold the Annual Meeting of Manorhamilton Municipal district on Monday, 21st June 2020 at 2:00pm.  Members expressed a desire to return to physical meetings however it was noted that it is proposed this meeting will take place online.

Cllr Felim Gurn expressed his disappointment with the response from BOI in relation to the removal of ATM’s. He outlined the unavailability of ATM’s after 9:00pm and the impact this could have on the night-time economy.

All members supported the comments and expressed their concerns for the availability of ATMs in the region as they are an essential service.

When it is planned to take charge of the Magheramore road Glenade. It is an important link road between two other public roads the L 21251 and L 6101. It is used by many apart from inhabitants as a link and shortcut, used for access to Eagles Rock and Glenade Lake which both have seen an increase in visitor numbers.

"When it is planned to take charge of the Magheramore road Glenade. It is an important link road between two other public roads the L 21251 and L 6101. It is used by many apart from inhabitants as a link and shortcut, used for access to Eagles Rock and Glenade Lake which both have seen an increase in visitor numbers."

Report by Roads - General

"There is no plan at present to take in charge this road or funding available to do so. The road is approximately 1.2Km long.

For the local Authority to consider declaring a road public, it shall among other requirements, satisfy itself that there will be no financial implications for the council because of the proposed declaration. Thus, the road needs to be at a standard that no maintenance, drainage etc., or upkeep works would be required for the foreseeable future. The road in question is on private land and a right of way may have to be established. If the owners should repair/ upgrade the road themselves to acceptable standard, then the Council could consider taking the road in charge."

Cllr Padraig Fallon expressed his disappointment with the response and advised it is very frustrating for residents in this area as this is a busy road. He requested that funding options be explored and asked if costings to bring it to a taking in charge standard could be prepared. 

All members supported the motion.

I propose the installation of a cattle grid in Aughavoghil Kinlough on L21081.

"I propose the installation of a cattle grid in Aughavoghil Kinlough on L21081."

Report by Roads - General

"The installation of cattle grids on public road to control livestock moving off commonage land, does not consider the risk of collision and or personal injury that is then created for other road users. Risks are increased for cyclists, pedestrians, motorists, and motorcyclists. The location of such a structure would have to be positioned in a suitable setting to be functional and fitting the Natural Heritage Area and scenic location."

Cllr Padraig Fallon outlined safety concerns in relation to livestock accessing a public road and that cattle grids have been installed in other counties to address this issue.

Cllr Justin Warnock advised this is a recognised cycling route and he has been informed that cattle grids are very hazardous to cyclists.

Mr Sean Rynn, Area Engineer advised the safety of all road users need to be considered.

In light of the proposed Local Link Transport Service for the Rossinver/Kiltyclogher area, there is a safety issue for the bus which will be substantial in size. It is well known that the R281 road between Kiltyclogher and Kinlough is very narrow, what can be done to make it safe when this bus meets traffic?

"In light of the proposed Local Link Transport Service for the Rossinver/Kiltyclogher area, there is a safety issue for the bus which will be substantial in size. It is well known that the R281 road between Kiltyclogher and Kinlough is very narrow, what can be done to make it safe when this bus meets traffic?"

Report by Roads - General

"The Council can meet with the Local Link Company to see where they have concerns about specific locations. The Council would not have funding for road widening of the Regional Road R281 in the Roads Programme."

Cllr Sean McDermott welcomed the response and outlined the importance of this service to the region.

All members supported the motion.

Can safety measures can be put in place at the National School in Ballaghameehan, Rossinver on the R282 which is a very busy cross border route. Parents, teachers and The Board of Management are very concerned with the safety issues. Can site lines and road markings be improved?

"Can safety measures can be put in place at the National School in Ballaghameehan, Rossinver on the R282 which is a very busy cross border route. Parents, teachers and The Board of Management are very concerned with the safety issues. Can site lines and road markings be improved?"

Report by Roads - General

"The Ballaghameehan National School, Rossinver is in a 50kph speed limit zone on the Regional Road R282. There are flashing lights and School ahead signs on either side of the school. The school can apply to Clár funding for digital speed safety signs. The numbers attending the school have increase over the last few years, and the availability of carpark spaces is also a problem at the school, it may be possible for the school to apply to Clár for funding to improve the carpark as well. If speeding is an issue, it is a matter for enforcement, and we can request the Garda to carry out speed checks in this area. The Council can review the existing signage and see what if any road markings would improve driver behaviour at this location.

The hedge opposite the school is also a limiting factor for the traffic turning into and approaching the school.  If the school can get agreement with the landowners on lowering the hedge, the council would give assistance in carrying out this works."

Cllr Sean McDermott outlined the safety concerns on the R282 near Ballaghameehan National School. He advised that safety measures and hedge cutting are required as a matter of urgency.

All members supported the motion.

They are still some housing estates with ongoing bond issues in the county, one of those is in Dromahair. Residents of Castlecourt estate are in a situation where their estate may never be taken over can these issues be resolved between the builder of the estate and the council?

"They are still some housing estates with ongoing bond issues in the county, one of those is in Dromahair. Residents of Castlecourt estate are in a situation where their estate may never be taken over can these issues be resolved between the builder of the estate and the council?"

Report by Director of Services for Economic Development, Planning, Environment and Transportation.

"The taking in charge of a residential development of more than 2 houses is dependent on the development including a road that is considered of general public utility. The Castle Court development does not contain a road but instead provides a communal parking area for the residents of the development. As a consequence, the development does not qualify for taking in charge under the provisions of Section 180 of the Planning and Development Act, 2000, as amended.

The Castle Court development was originally permitted by grants of permission in respect of files P.00/156 and P.02/1053 which included for the provision of a dedicated road alignment. The permitted road was not constructed and instead the common areas were laid out as a communal parking area. In 2013 the Developer applied to have the development taken in charge and have the Bond refunded. This application was rejected due to the absence of a road. The Developer subsequently sought and obtained planning permission to amend the communal parking area so as to provide a dedicated road – P.14/48 refers. Following receipt of planning permission, the Developer commenced works so as to provide a dedicated road that would enable the taking in charge of the development to be considered. These works were obstructed by a number of residents in the development on the grounds that they would lose the ability to park directly outside their houses: residents would not facilitate the works and left cars parked in the works area when requested to move them. In light of the resident’s opposition to the works it was decided that the Developer could amend his taking in charge application to a simple release of Bond application. As the works to the original development were considered satisfactory, the Council released the Bond.

The Council has no role to play in the maintenance of private developments of this nature. Any issues associated with the maintenance of this development, now and in the future, are a matter between the owners of these houses through whatever management and/or maintenance arrangements should have been put in place as part of the purchase contracts for the houses. This is entirely a Civil matter to be resolved by the house owners and the Council will not become involved in same."

Cllr Felim Gurn outlined the issues faced by the residents of Castlecourt Estate in Dromahair and advised that this issue with bonds cannot be allowed to happen in the future.

Following discussion Ms M. Quinn advised she would seek clarification from the Planning Department in relation to the response.

All members supported the motion.

A significant amount of buildings have been left derelict because of repossessions by banks due to the 2008 building boom/bust. Can new legislation be brought in by the Dáil where buildings that have been repossessed by financial institutions, that the institutions be issued a fine if they do not keep the buildings in good repair instead of adding to dereliction in our towns and villages. County Councils have been trying to implement solutions to this problem but have not succeeded.

"A significant amount of buildings have been left derelict because of repossessions by banks due to the 2008 building boom/bust. Can new legislation be brought in by the Dáil where buildings that have been repossessed by financial institutions, that the institutions be issued a fine if they do not keep the buildings in good repair instead of adding to dereliction in our towns and villages. County Councils have been trying to implement solutions to this problem but have not succeeded."

Report by Director of Services for Economic Development, Planning, Environment and Transportation.

"A provision of the type suggested already exists. The Derelict Sites Act, 1990, already provides powers to a Council to act in respect of any properties that are considered to constitute a derelict site and issue improvement notices on the Owner of such properties requiring that they undertake works to prevent the property from continuing to be derelict or from becoming derelict. The Act also includes a provision to impose a financial levy on the property if it is located in a prescribed urban area: the towns of Ballinamore, Carrick on Shannon, Dromahair, Drumshanbo, Kinlough, Manorhamilton and Mohill are prescribed areas for Leitrim. The levy is calculated as a percentage of the market value of the property, and which requires the market value to be established once a property is entered as a record on the Derelict Sites Register. The levy can be a maximum of 3% for the first year and a maximum of 10% for subsequent years.

In a similar vein, the Urban Regeneration and Housing Act, 2015, provides for the creation of a Vacant Site Register and the imposition of a Vacant Site Levy for properties recorded in the Register. The Vacant Site Levy cannot be charged in respect of a property that is the subject of a Derelict Site Levy.

The Council will be undertaking inspections of the various towns and villages throughout the county for the purpose of assessing which, if any, properties may be considered derelict. This review will also consider whether any properties identified as being derelict should be recorded and actioned under the Derelict Sites Act, 1990 or the Urban Regeneration and Housing Act, 2015."

Cllr Felim Gurn acknowledged the response and advised the legislation needs to be utilised to ensure Financial Institution maintain the properties they own. He added that it is very disappointing to see derelict building in towns and villages.

All members supported the motion.

How does Leitrim County Council propose to insure that further developments in the Lough Allen water catchment area do not impact further on the ecological status of this lake which is a Priority Area for Action.

"How does Leitrim County Council propose to ensure that further developments in the Lough Allen water catchment area do not impact further on the ecological status of this lake which is a Priority Area for Action."

Report by Head of Finance & Water Services

"Lough Allen is one of 10 areas contained (wholly or partially) within Co. Leitrim identified under the River Basin Management Plan as a Priority Area for Action. Lough Allen is in Catchment 26A of the Upper Shannon. Following the 2nd cycle of the Water Framework Directive, this sub-catchment is identified as “at risk” of not meeting the good ecological water status by 2027.

The Council has very little influence over agriculture and forestry activities which are identified as significant pressures and affects no regulatory control, as both are controlled by the Department of Agriculture, Forestry and the Marine. The impact of the discharge from the Drumshanbo wastewater treatment plant is a matter for Irish Water and the EPA. The Environment Department regulate and enforce the law in relation to pollution and discharges to the surface waters.

Leitrim County Council works with all relevant stakeholders to ensure appropriate measures are taken to provide adequate protection of water quality. This work includes working with the Local Authority Waters Programme (LAWPRO) and other agencies, stakeholders and the public to restore water quality status in Areas for Action identified. LAWPRO supports local communities to get involved in caring for their local waters and participate in decision making and river basin management plans. The regional co-ordination unit for the Border & Western Region of LAWPRO is based in Carrick on Shannon. The Community Waters Officer is working on the ground in this catchment to inform landowners, farmers, home owners, foresters, etc. of their responsibility.

The new draft County Development Plan will be used to further manage development in areas where the water body is sensitive. All 10 areas identified under the River Basin Management Plan as a Priority Area for Action will be highlighted. Applicants will be required to complete a Water Protection Plan Checklist and a site Drainage Plan which highlights the status of the draining waterbody. However, this only relates to developments which require planning permission.

All developments that require planning permission will have to comply with the relevant environmental legislation and are assessed as such by the Planning Authority. Planning applications seeking to propose development which could impact on water quality are referred to the Environment Department for comment. The recommendations of the Environment Department, when received, are taken into account in the decision making process.

The Planning Authority will have regard to the surface water quality of the catchment in which proposed afforestation developments are located when applications for consent are referred to the Local Authority for comment. It is also the intention of the Environment Department to begin submitting their view of the impact of such developments on the water quality of catchments to the Planning Authority which is a welcomed development. This will include requiring reforestation of  ...  view the full minutes text for item MMD.72.21

Can Leitrim County Council provide an update on how do they intend to progress works with all stakeholders at Dartry View housing estate, along the R280 southern approach to Kinlough which have been stalled for over a decade.

"Can Leitrim County Council provide an update on how do they intend to progress works with all stakeholders at Dartry View housing estate, along the R280 southern approach to Kinlough which have been stalled for over a decade."

Report by Director of Services for Economic Development, Planning, Environment and Transportation.

"The Dartry View estate was unfinished as a result of the economic crash and the funding Bank appointed a Receiver to the Development Company that had been undertaking the development. Following the appointment of the Receiver, the Council entered into a written agreement with the Receiver that the Receiver would complete the works to the common areas of the estate, ie roads, street lights, services and open space areas. Whilst the majority of these works have been completed, the estate frontage along the R280 remains unfinished. The Council has sought to have the Receiver complete these works and honour the undertaking to do so, however, to date, they have not been completed. The Receiver’s office has recently re-engaged with the Council in relation to advancing the completion of the works and the Council is hopeful that a resolution to this matter can be achieved in the not-too-distant future."

Cllr Justin Warnock asked for the support of the elected members on this issue to have it progressed.

All supported the motion.

Has any progress been made in recent times in the taking in charge of estate process, especially those estates that were listed as being at an advanced stage I do understand that covid had an impact on some work being carried out.

"Has any progress been made in recent times in the taking in charge of estate process, especially those estates that were listed as being at an advanced stage I do understand that covid had an impact on some work being carried out."

Report by Director of Services for Economic Development, Planning, Environment and Transportation.

"No further progress has been made in respect of the next tranche of estates to be considered for taking in charge. Currently the council and Irish Water are engaged in the finalisation of the last tranche of estates that were taken in charge, the process of which has been delayed due to the impact of COVID. As advised at the Council meeting of 1 March last, the taking in charge process involves the undertaking of various condition surveys on the part of the Council and Irish Water and due to the COVID restrictions on travel and other activities, these surveys were not considered essential and could not be undertaken. Following the completion of these surveys the Council and Irish Water will first have to enter discussions concerning the apportionment of any monies available through bond settlements and only once these are concluded will the Council be in a position to commence the statutory public consultation period to declare the roads in such estates as being public roads. The statutory process itself will take approximately 3 months. Whilst the Council had hoped to progress an additional number of estates through the taking in charge process in 2021, unfortunately, the uncertainty and delays in all process due to the impact of COVID, will delay progress and it is likely that the next tranche of estates to be taken in charge cannot be concluded until 2022."

Cllr Frank Dolan acknowledged the impact Covid 19 restrictions has had on the process of taking estates in charge. He advised it is important that this work is progressed as the people living in these estates are anxious these estates are taken in charge.

All members supported the motion.

Sometime ago funding was allocated for a traffic island at the entrance to the community park in Dromahair in order to slow down the passing traffic ,l ask will this work be carried out this year. Hopefully this will become a busy place once again but it is extremely dangerous.

"Sometime ago funding was allocated for a traffic island at the entrance to the community park in Dromahair in order to slow down the passing traffic, l ask will this work be carried out this year. Hopefully this will become a busy place once again but it is extremely dangerous."

Report by Roads - General

"Funding was made available by the TII for a Low Cost Safety scheme on the R288 approach to Dromahair from Sligo. This works was to include signage, road markings and anti-skid surfacing at the entrance to the community park. Road markings have been carried out. Due to the delays cause by COVID, the anti-skid and signage was not carried out. These works will be carried out shortly as part of the Roads Programme."

Cllr Frank Dolan outlined the safety concerns in this area and acknowledged the response.

All members supported the motion.

Cllr Mary Bohan requested the permission of the Chair to raise an item under ‘Any other Business’.  She referred to the matter of the Garda Station in Dromahair and proposed that the MD write to Minister O'Donovan requesting that the Garda station be withdrawn from auction to give the community group an opportunity to submit a business plan.

Cllr Frank Dolan advised it is his understanding that Minister O'Donovan has indicated his preference for the Garda Station to be used for community purposes however the group would need to put forward a good business plan.  He assured Members that the Minister has no interest in selling the property.

Following discussion, the Director of Services advised that she will establish the position with the OPW at this point in time and will revert to the members.