Minutes:
The Manager reported that following the February City Council meeting it was agreed that the Protocol Committee would agree the process for obtaining a second legal opinion on the terms of the emergency motion that had been agreed at the South Central Area Committee. The emergency motion is as follows:
“This Area Committee, noting that: –
Øunder 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,
Øunder 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,
Øsection 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,
Øin 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,
Øin 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,
Øthe 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.
Order: It was agreed that the Law Agent would provide the names of 3 senior counsel and the Chair of Protocol Committee would make the selection in conjunction with Lord Mayor. The Committee Members requested that additional issues be considered relevant as part of the process. The Manager committed to conveying the four issues raised to the Law Agent.