Re: Councillors do have power to change things

[Tara De buitlear]

Gerry,

 

These exact specific powers which any cllr can evoke must be shared & highlighted.

Can we help inform the wider community to eliminate the lip service treatment & sympathetic nods we keep getting - suggest a press release & a letter to The Echo.

We have to remove the wriggle room which currely exists which supports the pass the parcel with accountability.

 

The fact is someone has to feel strongly enough to want to go through the section 138 process & I guess that moves you into the "difficult" category which may impact relations, traction  & response times etc on other issues when relient on the same teams / depts.

Thanks,

 

Tara

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From: Gerard Stockil <gerard....@gmail.com>
To: Aidan Thomas <aidan....@eircom.net>
Cc: Ailish Mc Nally (Ailish Mc Nally) <vemc...@eircom.net>; Andrew O'Donnell <tall...@fanagans.ie>; Anna Lee <anna...@tallpart.com>; Ben Moran <ben.m...@gmail.com>; Bernard Treacy <bernard...@dominicanpublications.com>; Brendan Byrne <brenda...@gmail.com>; Brendan Prendergast <bjp...@gmail.com>; Brian Hayes (Brian Hayes) <brian...@oireachtas.ie>; Cathal King (Cathal King) <catha...@sdublincoco.ie>; Charlie O'Connor <charlie...@oireachtas.ie>; coco...@oireachtas.ie; Colm Brophy <cbr...@sdublincoco.ie>; Conor Lenihan (Conor Lenihan) <conor....@oireachtas.ie>; david Edgar <david.hutc...@gmail.com>; David Kennedy (David Kennedy) <kenned...@gmail.com>; David Kennedy <kennedy...@gmail.com>; David Thomas <davidp...@eircom.net>; Eamonn Maloney <emal...@sdublincoco.ie>; Eddie Conroy <eco...@sdublincoco.ie>; Elizebeth Davidson <elizda...@eircom.net>; Enda O'Toole (Enda O'Toole) <en...@gandebrokers.com>; Fr Ben Hegarty (Fr Ben Hegarty) <benedic...@eircom.net>; Fr Gerard Norton <Gerard...@dominicanstallaght.org>; Fr Larry Collins (Fr Larry Collins) <coll...@eircom.net>; Fr. Al Leonard (Fr. Al Leonard) <aldle...@yahoo.com>; Fr. Donagh O'Shea <dosh...@eircom.net>; Fr. Donal Sweeney <ds...@eircom.net>; Fr. Greg Carroll (Fr. Greg Carroll) <gre...@eircom.net>; Fr. Joe Kavanagh (Fr. Joe Kavanagh) <jo...@indigo.ie>; Fr. John Littleton <john.li...@prioryinstitute.com>; Fr. Sean Healy <sean....@cori.ie>; Fr. Tom Mc Carthy <ok...@eircom.net>; Fr. Vincent Travers <ma...@vincenttravers.org>; Francis Duffy <franci...@gmail.com>; Frank Nevin <fne...@sdublincoco.ie>; Frida <fmit...@glanbia.com>; George Oliver <oliv...@eircom.net>; "Jha...@Sdublincoco.Ie" <jha...@sdublincoco.ie>; Jim Fay <jimm...@gmail.com>; Jim Lawlor <jla...@cer.ie>; Jim Lawlor (OldBawnResAss) <lawlo...@gmail.com>; Jim O Connor (Vice Chair) (Jim O Connor (Vice Chair)) <nualao...@eircom.net>; Joan Comerford (Joan Comerford) <siobha...@hotmail.com>; Joe Lestrange (Joe Lestrange) <lestra...@eircom.net>; John Sewell <john.s...@gmail.com>; John Sewell <johnse...@gmail.com>; Kathleen Ryan <kathlee...@gmail.com>; Louise Purcell <louise...@hotmail.com>; Mairead Flanagan <mairead....@upcmail.ie>; Mairead Murray <mairmu...@gmail.com>; Martin Cogan <marti...@eircom.net>; Martin/Betty Kelly <marbe...@hotmail.com>; Mary Hendrick <maryhen...@yahoo.com>; Maurice O'Connell (Maurice O'Connell) <moc_s...@yahoo.com>; "Mc...@Sdublincoco.Ie" <mc...@sdublincoco.ie>; md...@sdublincoco.ie; Mick Roberts <mickr...@gmail.com>; "Mitchell, Frieda" <FMit...@glanbia.ie>; Mr Joe Horan (Mr Joe Horan) <man...@sdublincoco.ie>; Olive Whelan (Olive Whelan) <olive...@eircom.net>; Ollie <Ol...@trustus.ie>; Pat Dillon <patrick...@upcmail.ie>; Pat Kenny <tod...@rte.ie>; Pat O'Connor <drpoc...@eircom.net>; Pat Rabbitte (Pat Rabbitte) <pat.ra...@oireachtas.ie>; Patricia Kelly (Patricia Kelly) <pk...@eircom.net>; Paul Byrne <peby...@eircom.net>; Paul Byrne Byrne <peby...@eircom.net>; Paul Hogan <pho...@sdublincoco.ie>; Philip Mc Shane <philip...@hotmail.com>; Rev.William Deverell <tallagh...@ireland.com>; Robert Dowd (Robert Dowd) <rdo...@sdublincoco.ie>; Ronan Fitzpatrick <rfi...@gmail.com>; Sean Crowe <scr...@sdublincoco.ie>; Sr. Margaret Mary <dom...@eircom.net>; Stephe...@oireachtas.ie; Tara De Buitlear Home <debui...@yahoo.ie>; Tom Beatty <tbe...@olh.ie>; Tony Mc Dermott <tonymc...@dublin.ie>
Sent: Tue, 5 April, 2011 3:03:11
Subject: Councillors do have power to change things

Hi Aidan

Councillors DO have power.  They must find a way to use it and stop blaming legistlation for letting mad decisions rule our lives.  Here are examples of reserved functions that have been in place since at least 2001, and some suggestions. 

 

I do not accept that councillors have no powers,   the following are all available on

http://www.environ.ie/en/LocalGovernment/LocalGovernmentAdministration/PublicationsDocuments/FileDownLoad,1962,en.pdf

 

I am making suggestions to the councillors as to how they might use them, I am sure they can pick and choose the ones that will work, but we need to do it now and not waste time.  If the suggestions will not work, please say why and then find another way of fixing things.  This would not happen in other parts of Dublin we are being treated like serfs.   Shame on whoever orchestrated this deiciison.  Time for our councillors to find a solution, they all agree with us so why can they not do some of the suggestions or an equivalent solution.   

 

Best wishes

Gerry

 

I

Here are what the councillors manual tell them they can dop

 

directing a manager to inform the council of the manner in which

s/he proposes to perform any specified executive function (section

138 of Local Government Act 2001)

 

Suggestion : Ask the manager why a planning application which was opposed by all parties, and by a well informed group of active citizens who care about the futre of Tallaght, was passed without any amendments to the sunstantial issues.  Please direct the manager to reply in writing to every person who wriote an objection explain ing the logic behind the decision.  

 

 

making or revoking of an order or the passing or rescinding of a

resolution by virtue of which an enactment is brought into

operation in or is made to apply to the functional area or a part

of such area of a local authority, the application to be made to any

Minister in respect of the making or revoking of any such order

(schedule 14 to Local Government Act 2001)

 

 

resolving to extend a direction to a manager under section 133 of

Local Government Act 2001 to refrain from doing a  particular

Act

Suggestion : Our elected councils should order the manger to revoke the planning decision pending the ‘gentlemen’s agreement’ agreed with Lidl.   I am assuming that Lidl were sincere in their offer, a councillor attende the meeting and know what this agreement is.

 

 

deciding  to meet ‘in committee’ for whole or part of a meeting

because of the special nature of an item of business or for other

special reasons and where it is considered such action is not

contrary to the overall public interest (section 45 of Local

Government Act 2001)

 

Suggestion : Please meet and pass a resolution condemning this planning decision and issue a press release with the signature of every councillor on it.

 

making, amending or revoking standing orders; deciding on days

and times of meetings and fixing regular schedule of meetings

by resolution or by standing orders; deciding to hold a special

meeting; making additional arrangements for giving public

notice of meetings; making rules for ensuring the fair and

equitable appointment of members to other bodies (schedule 10

to Local Government Act 2001)

Suggestion : Hold a special meeting and invite the community along.

 

making of a special amenity area order (section 202 of Planning

and Development Act 2000)

Suggestion : Make an amenity order to place the pocket park at the front of the development where the community and Lidl say, they both wanted it?  

 

representing the views of a local community (section 64 of Local

Government Act 2001)  

 

 

On 5 April 2011 00:58, Aidan Thomas <aidan....@eircom.net> wrote:

Email received:

“TD’s and Councllors have told me they are helpless due to legislation” (Aidan wrote)

We know from bitter experience having watched our councillors from all parties (except Mick Murphy) voted for the destruction of Tallaght village. With future development planned for Main Rd (Lidl) we are a bit naïve to think anything has changed. My bet and watch out for it, next in line is the V.E.C buildings sandwiched between Lidl and Priorsgate, another slave to the three storied building line.

Just look at the present situation in  the country, we are bankrupt, going down the tubes, slow strangulation, losing our young to emigration etc. We have lost the right to govern ourselves and are now ruled from European mainland. We as residents have lost our right to have a say in local planning, we are excluded from decision making.  Observers will say that we hand these rights to our politicians to act on our behalf, that is democracy. With the election over the system takes over and decisions affecting the environment in which we live is handed to our politicians for better or worse, in planning it is disastrous. All over the country councillors and Co. Managers are still involved in bad planning.

Nothing has changed except it gets worse and that is the greatest worry, I can offer no wise words to lessen the plight of this country.”

End

 

Comment: Should plans for Main rd be implemented the Co. Manager and his planners must consider their position and resign. It may be legal but the damage they have done to Tallaght is a scandal. For unelected officials to ignore the views community should be automatic dismissal. People in community are seething with anger. Their decisions have affected so many lives for the worse.

 

Aidan Thomas.    

 

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Gerard Stockil