{meta} Agenda for Monthly Council Meeting on Monday 4th September, 2023, 6.15 pm

Agenda and minutes

Venue: Council Chamber, City Hall, Dame Street, Dublin 2.. View directions

Media

Items
No. Item

1.

Lord Mayor's Business.

Additional documents:

Minutes:

The Lord Mayor commended the staff of Dublin City Council Events Section, Anthony Flynn, Simon Clarke and the wider team on how quickly they arranged a number of events in a short number of weeks. These included three homecomings: male and female Senior Dublin All Ireland Football Teams, the Women’s Soccer team returning from Australia as well as the Luke Kelly Festival, Smithfield Fleadh and Funtropolis. 

 

The Lord Mayor congratulated the out-going Chief Executive Owen Keegan on his last meeting for the City Council and thanked him for his service over the last 10 years to the City, acknowledging his hard work in the role.  The Lord Mayor and representatives from all political groups thanked Owen for all his work, commitment and support and wished him well in his retirement.

 

 

2.

Ceisteanna fé Bhuan Ordú Úimhir 18. pdf icon PDF 493 KB

Additional documents:

Minutes:

It was moved by Councillor Vincent Jackson and seconded by Councillor Anthony Connaghan that Dublin City Council approves the Dublin Chief Executive answering the questions lodged. The motion having been put and carried, written answers to the  questions lodged for the City Council meeting were issued. The Questions and Answers are set out in Appendix A to these minutes.

3.

Correspondence was received from the following Local Authorities: pdf icon PDF 69 KB

·         Wexford County Council

·         Clare County Council

·         Waterford City & County Council

·         Cork County Council

Additional documents:

Minutes:

·         Wexford County Council

·         Clare County Council

·         Waterford City and County Council

·         Cork County Council

 

It was proposed by Councillor Declan Flanagan and seconded by Councillor Vincent Jackson that Dublin City Council notes the contents of all correspondence listed. The motion was put and carried.

4.

To confirm the minutes of the Annual City Council meeting held on the 26th June 2023 & the Monthly City Council meeting held on the 3rd July 2023. pdf icon PDF 283 KB

Additional documents:

Minutes:

The minutes of the Annual City Council meeting held on 26th June 2023 & the Monthly City Council Meeting held on the 3rd July 2023 having been
printed, certified by the Meetings Administrator, circulated to the Members and taken
as read, were signed by the Lord Mayor

5.

Co-Options and Vacancies

Additional documents:

5(a)

Co-Option of a new Member of Dublin City Council following the resignation of Councillor Deirdre Cronin.

Additional documents:

Minutes:

It was proposed by Councillor Hazel de Nortúin and seconded by Councillor Vincent Jackson that Kelsey May Daly be co-opted as a new member of Dublin City Council following the resignation of Councillor Deirdre Cronin.

 

Councillor Daly took her place in the Council Chamber and joined the meeting. Congratulations were extended to her by the Lord Mayor and by the Members of the City Council.

 

Thanks and best wishes were extended to Councillor Deirdre Cronin for her service over the last number of months and her predecessor Councillor Tina MacVeigh.

5(b)

Co-Option of a new Member of Dublin City Council following the resignation of Councillor Joe Costello.

Additional documents:

Minutes:

It was proposed by Councillor Dermot Lacey and seconded by Councillor Alison Gilliland that Deborah Byrne be co-opted as a new member of Dublin City Council following the resignation of Councillor Joe Costello. The motion was put and carried.

 

Councillor Byrne took her place in the Council Chamber and joined the meeting. Congratulations were extended to her by the Lord Mayor and by the Members of the City Council.

 

5(c)

To fill one vacancy on the Housing Strategic Policy Committee following the resignation of Cllr. Deirdre Cronin with effect from the 14th August 2023.

Additional documents:

Minutes:

It was proposed by Councillor Hazel de Nortúin and seconded by Councillor Vincent Jackson that Councillor Kelsey May Daly be appointed to the Housing Strategic Policy Committee following the resignation of Cllr. Deirdre Cronin.  The motion was put and carried.

5(d)

To fill one vacancy on the Climate Action, Environment & Energy Strategic Policy Committee following the resignation of Cllr. Joe Costello with effect from the 16th August 2023.

Additional documents:

Minutes:

It was proposed by Councillor Dermot Lacey and seconded by Councillor Declan Meenagh that Councillor Deborah Byrne be appointed to the Climate Action, Environment and Energy Strategic Policy Committee following the resignation of Councillor Joe Costello.  The motion was put and carried.

 

5(e)

To fill one vacancy on the Dublin City Joint Policing Committee following the resignation of Cllr. Joe Costello with effect from the 16th August 2023.

Additional documents:

Minutes:

It was proposed by Councillor Dermot Lacey and seconded by Councillor Declan Meenagh that Councillor Deborah Byrne be appointed to the Dublin City Joint Policing Committee following the resignation of Councillor Joe Costello.  The motion was put and carried.

 

5(f)

To fill one vacancy on the Protocol Committee following the resignation of Cllr. Joe Costello with effect from the 16th August 2023.

Additional documents:

Minutes:

It was proposed by Councillor Dermot Lacey and seconded by Councillor Declan Meenagh that Councillor Fiona Connelly be appointed to the Protocol Committee following the resignation of Councillor Joe Costello.  The motion was put and carried.

 

5(g)

To fill one vacancy on the Inter Local Authority Special Committee on Fire & Ambulance Services & Emergency Management following the resignation of Cllr. Joe Costello with effect from the 16th August 2023.

Additional documents:

Minutes:

It was proposed by Councillor Dermot Lacey and seconded by Councillor Declan Meenagh that Councillor Dermot Lacey be appointed to the Local Authority Special Committee on Fire and Ambulance Services and Emergency Management following the resignation of Councillor Joe Costello.  The motion was put and carried.

 

5(h)

To fill one vacancy on the Ringsend Toll Bridge Designated Activity Company following the resignation of Cllr. Joe Costello with effect from the 16th August 2023.

Additional documents:

Minutes:

It was proposed by Councillor Dermot Lacey and seconded by Councillor Declan Meenagh that Councillor Deborah Byrne be appointed to the Ringsend Toll Bridge Designated Activity Company following the resignation of Councillor Joe Costello.  The motion was put and carried.

 

5(i)

To fill one vacancy on the Grangegorman Development Agency Board following the resignation of Cllr. Joe Costello with effect from the 16th August 2023.

Additional documents:

Minutes:

It was proposed by Councillor Dermot Lacey and seconded by Councillor Declan Meenagh that Councillor Deborah Byrne be appointed to the Grangegorman Development Agency Board following the resignation of Councillor Joe Costello.  The motion was put and carried.

 

5(j)

To fill one vacancy on the City of Dublin Education and Training Board following the resignation of Cllr. Joe Costello with effect from the 16th August 2023.

Additional documents:

Minutes:

It was proposed by Councillor Dermot Lacey and seconded by Councillor Declan Meenagh that Councillor Cat O’Driscoll be appointed to the City of Dublin Education and Training Board following the resignation of Councillor Joe Costello.  The motion was put and carried.

 

5(k)

To fill one vacancy on the Local Community Development Committee following the resignation of Cllr. Sophie Nicoullaud with effect from the 17th August 2023.

Additional documents:

Minutes:

It was agreed that the filling of this vacancy be deferred to the next meeting.

6.

Judicial Review of the Council's decision to place 6 structures on the Record of Protected Structures - Dublin Central GP Limited (Hammerson) v Dublin City Council 2023/3JR (Moore Street protected structures). Update and legal briefing for elected members and consideration of Section 153(2) Local Government Act 2001.

Additional documents:

Minutes:

It was proposed by Lord Mayor Daithí De Róiste and seconded by Deputy Lord Mayor Claire O’Connor that pursuant to Standing Order 39.1. the members meet in the absence of the media and the general public for part of the Council meeting for the purposes of receiving legal advice in private from Stephen Dodd SC on the judicial review of the Councils decision to place 6 structures on the Record of Protected Structures – Dublin Central GP Limited (Hammerson) v Dublin City Council 2023/3JR (Moore Street protected structures) and also Judicial Review of the Dublin City Council Development Plan - 1 Celbridge Land West Ltd and Lioncor Developments Limited v Dublin City Council (Fortfield Road, Terenure) 2022/1130JR. The motion was put and carried.

 

The meeting administrator then requested that the webcast and Zoom recording be paused and that all members of the public and media leave the Chamber for the duration of the discussion.

 

Stephen Dodd, Senior Counsel briefed the Members on the basis of the legal challenge brought against the City Council in relation to both matters. Senior Counsel provided clarification to the Members on the issues they raised during the discussion.

 

On the conclusion of the briefing the meetings administrator requested that the Webcast and Zoom recording be restarted and invited members of the public and

media to re-join the meeting.

 

The following motion was then proposed by Councillor Mícheál Mac Donncha and seconded by Councillor Donna Cooney that:

 

Pursuant to Section 153  (2) of the Local Government Act 2001 the elected members give express authorisation to the Chief Executive to act in the defence of the legal proceedings initiated by way of Judicial Review of Dublin City Council’s decision to place 6 structures on the Record of Protected Structuresat Moore Street” JR Reference 2023/3JR. The motion was put and carried.

7.

Judicial Review of the Dublin City Council Development Plan - 1 Celbridge Land West Ltd and Lioncor Developments Limited v Dublin City Council (Fortfield Road, Terenure) 2022/1130JR. Update and legal briefing for elected members and consideration of Section 153 (2) Local Government Act 2001.

Additional documents:

Minutes:

The following motion was proposed by Councillor Pat Dunne and seconded by Councillor Vincent Jackson that:

 

“Pursuant to Section 153 (2) of the Local Government Act 2001 the elected members give express authorisation to the Chief Executive to act in the defence of the legal proceedings initiated by way of Judicial Review of the Development Plan 2022 – 2028 concerning the lands at Fortfield Road, Terenure.” JR Reference 2022/1130JR

The motion was put and carried.

 

8.

Report No. 171/2023 of the Chief Executive (O. Keegan)- With reference to the Proposed Variation No. 1 of the Dublin City Development Plan 2022 - 2028: Site at Basin View, Dublin 8. pdf icon PDF 700 KB

Additional documents:

Minutes:

It was proposed by Councillor Máire Devine and seconded by Councillor Declan Flanagan that “TheMembers of the authority having considered the proposed variation and the Chief Executive’s Report No. 171/2023, and the issues raised, the proper planning and sustainable development of the City, the statutory obligations of the local authority and the relevant policies or objectives of the Government or of any Minister of the Government; the City Council resolves that Variation No. 1 of the Dublin City Development Plan 2022-2028 is hereby made and that the necessary notices of the making of Variation No. 1 of the Dublin City Development Plan 2022-2028 be published’. The motion was put and carried.

 

9.

Report No. 172/2023 of the Executive Manager (D. Kelly)- With reference to the proposed Extinguishment of the Public Right of Way over a laneway located at 3 - 69 Annadale Drive, Marino, Dublin 9. pdf icon PDF 1 MB

Additional documents:

Minutes:

It was proposed by Councillor Deirdre Heney and seconded by Councillor Naoise Ó Muirí that “we, the Lord Mayor and Members of Dublin City Council, being the Roads Authority for the City of Dublin and being of the opinion that the Public Right of Way over the laneway at 3 – 69 Annadale Drive, Marino, Dublin 9 as shown on the attached Drawing No RM 37653Bis no longer required for public use, extinguish the public right of way in accordance with Section 73 of the Roads Act 1993.” The Motion was put and carried.

10.

Report No. 170/2023 of the Executive Manager (F. D'Arcy) - With reference to the disposal of the Fee Simple Interest under the Landlord and Tenant (Ground Rents) (No. 2) Act, 1978.

Minutes:

It was proposed by Councillor Declan Flanagan and seconded by Councillor Cat O’Driscoll that Dublin City Council notes the contents of Report No.170/2023 and hereby assents to the proposal set out therein. The motion was put and carried.

11.

Granting of Licenses and Leases:

Additional documents:

11(a)

Report No. 173/2023 of the A/Executive Manager (M. Igoe) - With reference to the proposed grant of a further licence of the Crèche Unit at Liberty Corner Development, Foley Street, Dublin 1 to Davencrest Limited. pdf icon PDF 913 KB

Additional documents:

Minutes:

It was proposed by Councillor Ray McAdam and seconded by Councillor Séamas McGrattan that Dublin City Council notes the contents of Report No.173/2023 and hereby assents to the proposal set out therein. The motion was put and carried.

 

11(b)

Report No. 179/2023 of the A/Executive Manager (M. Igoe) - Grant of lease of Unit 3, Shangan Neighbourhood Centre, Ballymun, Dublin 9 to Star Project Ballymun CLG. pdf icon PDF 208 KB

Additional documents:

Minutes:

It was proposed by Councillor Ray McAdam and seconded by Councillor Séamas McGrattan that Dublin City Council notes the contents of Report No.179/2023 and hereby assents to the proposal set out therein. The motion was put and carried.

 

11(c)

Report No. 182/2023 of the A/Executive Manager (M. Igoe) - The grant of a further licence for the use of the site at 543-551 North Circular Road and 17 Russell Street, Dublin 1 to Via Mercanti Limited T/A Cairn Construction. pdf icon PDF 2 MB

Additional documents:

Minutes:

It was proposed by Councillor Ray McAdam and seconded by Councillor Séamas McGrattan that Dublin City Council notes the contents of Report No.182/2023 and hereby assents to the proposal set out therein. The motion was put and carried.

 

12.

Disposal of Property:

Additional documents:

12(a)

Report No. 177/2023 of the A/Executive Manager (M. Igoe) - With reference to the proposed development of a Primary Care Centre at Gulistan Terrace, Rathmines, Dublin 6 by the Health Service Executive (HSE) and the proposed acquisition of the HSE Health Centre, Emmet Road, St Michael's Estate, Inchicore, Dublin 8 by Dublin City Council (DCC). pdf icon PDF 1 MB

Additional documents:

Minutes:

It was proposed by Councillor James Geoghegan and seconded by Councillor Dermot Lacey that Dublin City Council amend Report No.177/2023 and include the following timeline within the report specifically regarding the Primary Care Centre at Gulistan Terrace, Rathmines, Dublin 6 :

 

1. Preliminary design presented to Councillors in 9 months.

2. Pre-planning meeting to have occurred within 9 months 

3. Planning to be submitted within 15 months

4. On site 9 months after final Planning grant”

 

The motion was put to a vote and carried.  A copy of the vote can be found in Appendix B to these minutes.

 

It was further agreed Dublin City Council notes the contents of Report No.177/2023 as amended and hereby assents to the proposal set out therein. The motion was put and carried.

 

The Lord Mayor agreed to write to the Minister for Health, Stephen Donnelly to stress the importance of the delivery of a primary health care centre at this location.

12(b)

Report No. 176/2023 of the A/Executive Manager (M. Igoe) - Disposal of the fee simple in a site at Berkeley Street/ Berkeley Place (James McSweeney House) to Cabhrú Housing Association. pdf icon PDF 1 MB

Additional documents:

Minutes:

It was proposed by Councillor Séamas McGrattan and seconded by Councillor Janice Boylan that Dublin City Council notes the contents of Report No.176/2023 and hereby assents to the proposal set out therein. The motion was put and carried.

 

Councillor Ray McAdam requested that his abstention from a vote be noted.

 

12(c)

Report No. 178/2023 of the A/Executive Manager (M. Igoe) - Disposal of a plot of land at Long Mile Road, Walkinstown, Dublin 12 to Goldstein Property ICAV. pdf icon PDF 221 KB

Additional documents:

Minutes:

It was proposed by Councillor Anthony Connaghan and seconded by Councillor Vincent Jackson that Dublin City Council notes the contents of Report No.178/2023 and hereby assents to the proposal set out therein. The motion was put and carried.

 

12(d)

Report No. 180/2023 of the A/Executive Manager (M. Igoe) - Disposal of Site 2, Parkview, Parkview Road, Ballymun, Dublin 11 to Ó'Cualann Cohousing Alliance CLG. pdf icon PDF 150 KB

Additional documents:

Minutes:

It was proposed by Councillor Anthony Connaghan and seconded by Councillor Vincent Jackson that Dublin City Council notes the contents of Report No.180/2023 and hereby assents to the proposal set out therein. The motion was put and carried.

 

12(e)

Report No. 181/2023 of the A/Executive Manager (M. Igoe) - Disposal of a plot to the side of 7 Hazelcroft Park, Finglas, D11 to St. Agnes Medical Limited.

Minutes:

It was proposed by Councillor Anthony Connaghan and seconded by Councillor Vincent Jackson that Dublin City Council notes the contents of Report No.181/2023 and hereby assents to the proposal set out therein. The motion was put and carried.

 

13.

Report No. 183/2023 of the Assistant Chief Executive (C. O'Reilly) - Social Housing Supply and Delivery Monthly Update Report. pdf icon PDF 1 MB

Additional documents:

Minutes:

It was proposed by Lord Mayor Daithí Doolan and seconded by Deputy Lord Mayor Claire O’Connor that Dublin City Council notes the contents of Report No. 183/2023. The motion was put and carried.

 

It was agreed that questions be emailed to the housing manager for reply.  The Lord Mayor and representatives from all political groups thanked Coilín O’ Reilly Assistant Chief Executive, Housing And Community Services for all his hard work & commitment and wished him well in his new role as Chief Executive of Carlow County Council.

 

14.

Report No. 186/2023 of the Docklands Oversight & Consultative Forum (M. Stubbs) - Annual Report 2022 of the Dublin Docklands Oversight and Consultative Forum (DOCF). pdf icon PDF 268 KB

Additional documents:

Minutes:

It was proposed by Councillor John Lyons and seconded by Councillor Dermot Lacey that Dublin City Council notes the contents of Report No. 186/2023. The motion was put and carried.

 

Commitment was also given that a member of the Docklands Oversight & Consultative Forum would speak to the report at a future Area or Council meeting.

 

 

15.

Report No. 185/2023 of the A/Assistant Chief Executive (A. Flynn) - Climate Action Plan 2024-2029. pdf icon PDF 293 KB

Additional documents:

Minutes:

It was proposed by Councillor Alison Gilliland and seconded by Councillor Cat O’Driscoll that Dublin City Council notes the contents of Report No. 185/2023. The motion was put and carried.

 

 

16.

Report No. 184/2023 of the Head of Finance (K. Quinn) - Monthly Local Fund Statement & EU IMF Report. pdf icon PDF 682 KB

Additional documents:

Minutes:

It was proposed by Councillor Séamas McGrattan and seconded by Councillor Nial Ring that Dublin City Council notes the contents of Report No. 184/2023. The motion was put and carried.

17.

Report No. 174/2023 of the Chief Executive (O. Keegan) - Monthly Management Report. pdf icon PDF 1 MB

Additional documents:

Minutes:

It was proposed by Councillor Alison Gilliland and seconded by Councillor Ray McAdam that Dublin City Council notes the contents of Report No. 174/2023. The motion was put and carried.

18.

Report No. 163/2023 of the Area Committees - Breviates of Area Committee meetings held in the month of 2023. pdf icon PDF 170 KB

Additional documents:

Minutes:

It was proposed by Councillor Daithí Doolan and seconded by Councillor Janice Boylan that Dublin City Council notes the contents of Report No. 163/2023. The motion was put and carried.

19.

Report No. 162/2023 of the Joint Policing Area Sub-Committees - Breviates of the Area Joint Policing Sub Committee meetings. pdf icon PDF 256 KB

Additional documents:

Minutes:

It was proposed by Councillor Daithí Doolan and seconded by Councillor Janice Boylan that Dublin City Council notes the contents of Report No. 162/2023. The motion was put and carried.

 

20.

Report No. 164/2023 of the Corporate Policy Group - Breviate of the meeting held on the 31st March 2023, Lord Mayor Caroline Conroy, Chairperson. pdf icon PDF 239 KB

Additional documents:

Minutes:

It was proposed by Councillor Daithí Doolan and seconded by Councillor Janice Boylan that Dublin City Council notes the contents of Report No. 164/2023. The motion was put and carried.

 

21.

Report No. 165/2023 of the Corporate Policy Group - Breviate of the meeting held on the 19th May 2023, Lord Mayor Caroline Conroy, Chairperson. pdf icon PDF 240 KB

Additional documents:

Minutes:

It was proposed by Councillor Daithí Doolan and seconded by Councillor Janice Boylan that Dublin City Council notes the contents of Report No. 165/2023. The motion was put and carried.

 

22.

Report No. 168/2023 of the Arts, Culture & Leisure & Recreation Strategic Policy Committee - Breviate of the meeting held on the 24th July 2023, Councillor Cat O'Driscoll, Chairperson. pdf icon PDF 231 KB

Additional documents:

Minutes:

It was proposed by Councillor Daithí Doolan and seconded by Councillor Janice Boylan that Dublin City Council notes the contents of Report No. 168/2023. The motion was put and carried.

 

23.

Report No. 169/2023 of the Planning and Urban Form Strategic Policy Committee - Breviate of the meeting held on the 27th April 2023, Councillor Ray McAdam, Chairperson. pdf icon PDF 240 KB

Additional documents:

Minutes:

It was proposed by Councillor Daithí Doolan and seconded by Councillor Janice Boylan that Dublin City Council notes the contents of Report No. 169/2023. The motion was put and carried.

 

24.

Report No. 175/2023 of the Housing Strategic Policy Committee - Breviate of the meeting held on the 12th July 2023, Councillor Alison Gilliland, Chairperson. pdf icon PDF 146 KB

Additional documents:

Minutes:

It was proposed by Councillor Daithí Doolan and seconded by Councillor Janice Boylan that Dublin City Council notes the contents of Report No. 175/2023. The motion was put and carried.

 

25.

Report No. 166/2023 of the Protocol Committee - Breviate of the meeting held on the 1st June 2023, Councillor Deirdre Heney, Chairperson. pdf icon PDF 219 KB

Additional documents:

Minutes:

It was proposed by Councillor Deirdre Heney and seconded by Councillor Cat O’Driscoll that Dublin City Council adopts the contents of Report No. 166/2023. The motion was put and carried.

26.

Report No. 167/2023 of the Protocol Committee - Breviate of the meeting held on the 7th June 2023, Councillor Deirdre Heney, Chairperson. pdf icon PDF 87 KB

Additional documents:

Minutes:

It was proposed by Councillor Deirdre Heney and seconded by Councillor Cat O’Driscoll that Dublin City Council adopts the contents of Report No. 167/2023. The motion was put and carried.

 

27.

Topical Issues

Additional documents:

Minutes:

No topical issues were submitted for consideration.

28.

Motions on Notice pdf icon PDF 392 KB

Additional documents:

Minutes:

It was proposed by Councillor Noeleen Reilly and seconded by Councillor Deirdre Heney that “Given the huge increase in support for the league of Ireland with a 27% rise in attendances, grounds sold out and the league playing such a vital role in the promotion of sport among young people that this council calls on the Government to ensure that the betting levy collected from Football is spent in promoting the league of Ireland and Grass roots football in Ireland and not on propping.”

 

The motion was put and carried.

 

It was proposed by Councillor Sophie Nicoullaud and seconded by Councillor Máire Devine “That Dublin City Council reverse its decision to go back to the tendering process and keep BMCEA as the lead integrated design team. That DCC gives the reasons why it has decided to award single-party framework agreements by way of a dozen or so separate procurement competitions.  That CEO Owen Keegan and or Coilin O’Reilly share their view on what in their professional opinion is the most efficient and fastest way between going for 12 different tenders or retaining BMCEA as the lead integrated design team. If they would make a statement on the decision from DCC to drop BMCEA as being the most productive way to bring this project to a fast delivering after 21 years in the waiting. That an explanation is given to us on the reasons why DCC is taking for granted before coming to the councillors, that this council would agree on the disposal of the site for Block C.”

 

The motion was put to a vote and carried. A copy of this vote can be found in Appendix C attached to these minutes. 

29.

Emergency Motion(s)

Additional documents:

Minutes:

No Emergency Motions were taken for debate.