DonabatePortrane.net

"This snobbery from Balisk residents needs to be addressed. Balisk residents should not dictate what time Beverton residents need to be behind the railings."

Jellyhead i could not have put it better myself!

Ann O wrote:Moderation note :-

The forum software alerts us to those who register more than one account, and it's very obvious what is going on in this thread with certain accounts. Any more of this carry on and accounts will be deleted and banned.

Admin, if you are aware that certain users are using more than one account please act upon this without delay as it is unfair to others users.

Something we agree on Jellyhead. Hopefully admin will be able to sort it out.

Someone has been locking the gate open from time to time... dunno who it is, but fair play to them!

The old gate again..I live on the beverton side and here's my take on it, just like the majority of people on the thread I wanted to know the logic behind this nonsense and forgive me if I haven't looked into the links provided by some of the posters but the small group of people on the other side were well organised one of the women at the time her brother was the local labor TD anyway I think he is gone now, but they would turn up at the counsel meeting which was uncontested from the berverton side because basically we didn't know when it took place and vote to have the status quo remaining.. all it needs is people power guys as Ken has outlined and I will gladly sign a petition to present at our "inclusive" counsel but it would take someone to organise that also surprisingly enough I know of one person on our side close to the gate who thinks it should remain locked I would say 90/95% vote to change the stupid gate personally a lot of votes you know... also spoke to the security guard coming to lock it one night and he agreed it was ridiculous

I actually know that person referred to before my last post and he's a nice guy, he just wont have his kids endangered walking the long way from the last train or if they are in a friends house on the other side of the gate..he has my support anyway

Aster wrote:Someone has been locking the gate open from time to time... dunno who it is, but fair play to them!

What do you mean?

If Balisk residents insist on the gate being locked at a certain time, all of the Beverton residents should have a key!

Jellyhead,

They lock a padlock onto one side of the locking mechanism of the gate so that the official gate lock can't be locked. A simple but effective method. They must remove it when they pass through because it isn't always there.

Latest update by letter from Brendan Ryan LABOUR TD :

" I have made strong representations on your behalf to Fingal County Council in relation to Ballisk Lane Walkway and requested at the very least an extended time for closure in the evening to accommodate commuters from the train station.As soon as i have any further information i will be in immediate contact with you."

" I have made strong representations on your behalf " yes the eight people on the other side of the gate will have to agree to this..I will ask my friend to keep the lock in place on the Beverton side until the same Labour TD comes back with the gracious agreement from our few neighbours blocking access to the village. Ask him is it legal to have this in place, and if he has a family member on the balisk side

Update from David Storey who has taken over from Ms Felton as Director of Services for Operations in Fingal Co Co.:

"While the Operations Department would support the view that the gate should be permanently open/locked later , there is nothing we can do without the consent of Ballisk residents which is not forthcoming."

Lets examine their legal rights now, they not only own their property but they also own the access to the village and the road beyond their boundary..and the lane way leading from Beverton as well, so the few residents on the balisk have this power to block unrestricted access to the village..come on folks this is what has happened in the past and typical Irish mentality "sure what can you do" has kicked in..well lets organize and challenge them on a legal basis I am in for that, so please request my contact details and lets have a Beverton meeting and sort this out once and for all. I notice nearly 4.500 viewers have seen this post so my question to them is would you be in agreement to a gate being marshaled and locked into your estate by a handful of people who appear to have strong connections with local council..also endangering your children who have to walk the long way home after access to the estate from the village is locked at 10:30?

Fully agree davidp the more i have delved into this matter the more it stinks to high heavens!

Interesting that nobody contested your comments since Wednesday morning.The truth often hurts.It is also interesting that nobody from Ballisk has offered any comment to defend their side of the argument.A rather weak and pathetic argument in my opinion.Hoping it will go away but it's not!

I have already responded to David Storey questioning the legal basis of the original agreement i.e. why were Beverton residents precluded from participation in the original agreement between Fingal Co Co and Ballisk when the Donabate West Action Plan was adopted in 2001.Our estate has been in existence since 1998.I have also expressed my extreme annoyance with Fingal Co Co in collaborating with a small number of residents in Ballisk holding the vast majority of reasonable residents in Beverton to ransom.

I think the legal basis of this agreement is very ropey in the extreme and seriously open to a legal challenge.This issue impacts us in Beverton but yet we are precluded from having a say.Discriminatory to say the least.

I agree it is time for Beverton residents excluding the Beverton apologists for Ballisk in our estate (one on my last count who laughably accused me of slander and spreading fake news!!!I'll have you know that i have resided longer in Beverton than you may think ) to galvanise themselves and exert their democratic right in having a say on this matter.

As davidp says do Ballisk residents own all the land around the gate???

Completely agree with you davidp. The original "agreement" was made sixteen years ago and is well due for a spot of democracy.

Also, completely happy to encourage and support your friend in keeping the gate open as it suits in the interim..

The Beverton Residents Committee in my opinion are non existent. The Facebook page to date just advertises local businesses and general stuff people can access anywhere online. The committee need to get pro active. As residents WE need to get together to sort the Prison Gate issue out. Maybe we should arrange a meeting and elect a committee together.
Well done Bongo68 and Davidp

Thank you guys for your support here. I would suggest if any of you have locks lying around just pop them on the gate on our side next time you walk through and don't worry if you have lost the key while this is being addressed, or purchase one the next time you are in woody's because all the comments are correct regarding legality and the council serving a few and not the majority here. Bye the way the lock goes on the Beverton side not the Balisk side so nothing to do with them anyway..I bet you a very speedy compromise would come back from the council but in my opinion too little too late lets organize and take action because that's the only way to put an end to this draconian self serving the few in our community "gate" interesting how the council we elect will grant planning permission on a stamp in that lane even second houses in gardens not to mention houses built almost on the train tracks, have a look the next time you walk through but they uphold the right of restricted access to the village facilitating as I said preciously strong connections to the few definitely one that I know of who lives there..if I can assist in anyway with the majority not the few please let me know but the round the clock lock support idea is definitely a winner

Looks like those wanting the gate locked have upped the ante. They are now using a large chain and padlock to lock the gate closed.
Wonder how long it will take for the submissions to council to be heard.

Would be terrible if that gate got nicked.

I am in receipt of correspondence from Liam Kindregan from Fingal CoCo by e-mail on 7th July 2017 who rather courageously responded on behalf of David Storey :

"Your correspondence with David Storey ,A/Director of Services , in relation to the gate between Ballisk and Beverton refers.

Please note that while we here in Operations have references to the agreement referred to in Council Meeting Minutes and other correspondence , we don’t have a copy of it. It appears that the agreement was reached during consideration of the Donabate West Action Plan in 2001 so it is likely the agreement was put in place by the Planning Department , with perhaps an input from Transportation Department at the time. . I have asked Planning Department , and indeed the Residents Association involved , to confirm if there is a written agreement and to let me have a copy , if so , together with any relevant details available.

I can assure you that any details we have in this matter will be made available to you regardless of whether it is under a standard or Freedom of Information request . You will be aware from correspondence issued by Mr. Storey that Operations Department would support the view that the restrictions created by this gate should be removed or relaxed ,

Kind Regards,

Liam "

I only got the above information after pushing them for the information under the Freedom of Information Act 2014.

After all i am a tax paying citizen like all my fellow Beverton residents contributing to this ludicrous €11,000 being spent on this gate each year.

"Operations have references to the agreement" , "we don’t have a copy of it." , "it is likely the agreement was put in place by the Planning Department , with perhaps an input from Transportation Department at the time."

Interesting and rather ropey to say the least!.So many Departments involved in such a minor agreement.Where is the agreement or does it actually exist in the legal sense of the word ???As of now i am still awaiting the copy of the official agreement but will still pursue it.

"You will be aware from correspondence issued by Mr. Storey that Operations Department would support the view that the restrictions created by this gate should be removed or relaxed ,"

Again another plumosing response from Fingal CoCo telling us that it is not right but we will still put a nice new padlock on the Beverton side to antagonise us anyway and keep the "entrenched" Ballisk residents happy!Fingal CoCo in truth are not acting on behalf of the Beverton residents on this one.

Beverton folks make your own mind up on this one.Please dont be taken for fools any longer!

Bongo68, thank you for the update and our representatives in Fingal CoCo may be caught a bit
in the middle here. I would certainly sympathise to
a degree however this is only coming to light
regarding the lack of a legal agreement supporting
this bazaar situation. I want to sincerely thank
you for these efforts you have made to address
this from a logical and legal standpoint. I am sure that
I am not alone in that.
The freedom of information act has found out
a lot of these type of arrangements and has
shown they have no legal grounds so can be
successfully challenged.
If you can kindly keep us posted that would be greatly
appreciated and I believe a successful sensible agreement will be reached for the majority not a few
of our tax paying neighbours, please include me
in any financial arrangement that may be required should
a legal request have to be made regarding the provision
of the, I won't call it agreement as it is becoming clear there isn't one. Thank you on behalf of all the residents
for time representation and the way you
have conducted all the correspondence
to our CoCo. I trust they will comply with the
requests made to date.

I can confirm based an an e-mail received today from Liam Kindregan in Fingal CoCo that no formal legal agreement exists regarding the operation of the Ballisk Gate Walkway but rather what is termed as an " agreed opening/closing protocol".In other words an agreement between certain inclusive parties to the exclusion of others and with no legal basis.Unfortunately the attachments referred to in the response were not sent so i cannot comment further on same until received :

"To the best of my knowledge ,following an extensive search and consultation with local residents , Council records and Planners, there is no formal written agreement regarding this gate. As a result of the public consultation process in respect of the Donabate West Action Plan in 2001 , submissions were received from the Ballisk Residents Association , individual householders and a local Politician requesting the removal of this pedestrian access from the Plan. The Council responded that it was not desirable to create a segregation between residential areas and the link should remain. However, you will note from the minute of the Balbriggan/Swords Area Committee meeting enclosed that it was agreed that the residents of Ballisk Lane would be consulted in relation to their concerns about using the laneway as a pedestrian link. Their concerns increased as the development of Beverton progressed. Copy minute of site meeting held on 22nd April 2005 and attended by Council Officials, Residents Association members and elected representatives also enclosed for your information which confirms that the controlled access gate would be provided. You will also note that it was agreed that the gate /railing would be installed by the developer of Beverton , on instruction .

In view of the above and despite the fact that there does'nt appear to be a written agreement , it cannot be denied that the gate is subject to an agreed opening/closing protocol and it is difficult to see how this can be abandoned without the agreement of the Ballisk Residents,"

There's actually a more serious situation here that no one has considered for Fingal Co Co as the laws governing Health and Safety would result in them being sued should someone try to climb the gate in order to get home and fall. Thank god to date no one has been seriously hurt to my knowledge but the gate has no legal basis and is enforced by the Co Co, so the compensation suit would be against them under the Health and Safety Act and if someone suffered a spinal injury well you can imagine, not just the cost to the tax payer but there could be convictions also as that's how they operate. I know this as I work closely with them, so in light of this the locking of the gate needs to be seriously looked at under the Health and safety act.

Cois Inbhir, Somerton, Carrs Mill all connected by walkways. That’s the way planning should be done. As it means easier for people to walk / cycle. How come Beverton has nothing but railings betweens itself and Beresford and The Gallery?? People in Beresford should be able to walk to school and visit their friends just like Beverton people can. Instead they have an extra 10 minutes because of railings when there should be walkways. So how about Beverton open up walkways to other estates first before giving out that other estates have to extend opening the gates when they are open for most of time? And no, I am not talking about any more cars, just the ability to walk or cycle from A to B. Handy for all of us.

Also The links is connected by walkway through fairways/donabate village/the spires on to main st.