By Order of the High Court made on the 21st February 2006, in proceedings entitled Newbridge Community Development Limited –v- Kildare County Council, Judicial Review Record No. 254JR/2004, the High Court quashed the following part of clause 2.6.2. of the Newbridge Local Area Plan 2003 as adopted by Kildare County Council on the 29th September 2003 :-
“The amenity strip along the west side of the River Liffey at Kilbelin shall be reduced to 50m and public access to same shall be provided at the southern end of the zoning.”
The High Court also ordered Kildare County Council to propose and advertise, in accordance with the provisions of Section 20 of the Planning and Development Act 2000 –2004, an amendment to Clauses 2.6.2 and 4.1.4. of the Newbridge Local Area Plan 2003 with the consequential amendments to the map forming part of the Plan.
Notice is hereby given pursuant to Section 20 of the Planning and Development Act, 2000 – 2004 that Kildare County Council proposes to make an amendment to the Newbridge Local Area Plan 2003 as follows:
The existing terms of Clause 2.6.2 of the Plan consequent upon the said High Court Order provide as follows:
Clause 2.6.2 “No development will be permitted on either bank within 80m of the River Liffey. Development along the river should front onto the river so as to ensure the passive supervision of the proposed linear park.”
It is proposed to amend the terms of Clause 2.6.2 by the addition of the following text at the end thereof:
“The amenity strip and the area where development will not be permitted along the west side of the River Liffey at Kilbelin shall be reduced to 50m of the River Liffey and public access to same shall be provided at the southern end of the zoning. The area between the 50m strip and the adjacent lands zoned New Residential to be zoned New Residential. “
The existing terms of the Clause 4.1.4 of the Plan provide as follows:
Clause 4.1.4. No development will be permitted within 80m of the banks of the River Liffey in order to facilitate the creation of a riverside linear park.
It is proposed to amend the terms of Clause 4.1.4 by the addition of the following text at the end thereof:
Along the west side of the River Liffey at Kilbelin, the area where no development will be permitted shall be reduced to 50m of the River Liffey.
The proposed amendments together with the map relating to the proposed amendments may be inspected for a period of 6 weeks between 14/12/06 and 25/01/07