Minutes:
Emergency Motion 1
This Area Committee expresses deep concern at the recent fire in Thornton’s recycling plant. We commend the emergency services for their prompt response. We call on the Chief Fire Officer to ensure the investigation is carried out as soon as possible and the findings are made public and available to this committee for further scrutiny.”
Cllrs Daithí Doolan and Máire Devine
Order: Agreed without debate
Emergency Motion 2
That
this Area Committee support the residents of Rialto Street, Court,
Cottages and Park in the unacceptable and hazardous circumstances
they have endured. The access to their outdoor space has been
severely disrupted with the arrival of hundreds of construction
workers on a daily basis, who commandeer their streets with vehicle
parking, often for 19 hours at a time. This has very recently
escalated with workers removing planters and many vulnerable
residents unable to exit their homes.
We call on the council to implement temporary “residents only” parking to mitigate contamination and infection of Covid 19 while they await the installation of residential permit parking.This request is in response to serious concerns of health breaches by construction workers that threaten the public health and safety of this area.
Cllrs Máire Devine, Tina MacVeigh and Daithí Doolan
Order: Report to Councillors.
Emergency Motion 3
This Area Committee, noting that –
· under section 54 of the Planning and Development Act 2002 the making of an addition to the record of protected structures is a reserved function of the elected council,
· under section 132 of the Local Government Act 2001 as amended, it is the duty of the chief executive to advise and assist the elected council, and to carry into effect its lawful directions, in relation to the exercise and performance of reserved functions,
· section 55 of the Planning and Development Act sets out procedures to be followed by a planning authority which proposes, at any time other than in the course of making its development plan, to make an addition to its record of protected structures,
· in November 2018 Dublin South Central Area Committee resolved that the Player Wills Factory Building be added to the City Council’s record of protected structures,
· in November 2020 this Council passed a motion seeking that councillors be urgently updated on the progress of adding the Player Wills Factory Building to the record of protected structures, and immediately mandating the Executive to begin the process of adding the building to the record,
· the Law Agent has subsequently furnished a legal opinion to the effect that initiating procedures in relation to a proposal to add a building to the record of protected structures is an executive and not a reserved function,
directs the Chief Executive, pursuant to section 132 (2) (a) of the 2001 Local Government Act, as amended by section 47 of the Local Government Reform Act 2014, to obtain the opinion of senior counsel as to –
1. the duties if any of the Chief Executive arising from the passing of the resolutions by the Dublin South Central Area Committee in November 2018 and by this Council in November 2020,
2. whether the reserved function of the elected council under section 55 of the Act of 2000 in relation to adding buildings to the record of protected structures other than in the course of making the development plan is confined exclusively to considering only such proposals as may be formulated and progressed by the Chief Executive under section 54 of that Act in the performance of his executive functions, and
3. such other matters related to these questions as appear to senior counsel to be relevant.
Cllrs. Darragh Moriarty, Michael Pidgeon, Michael Watters, Tina MacVeigh & Máire Devine
Order: Agreed without debate