COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, April 14, 2008
HEADED ITEM NO. H7(d)
Re: Proposed disposal of portion of land adjacent 301 Glenview Lawns, Tallaght, Dublin 24 to Noel and Catherine Whelan
An application has been received from Noel and Catherine Whelan, 301 Glenview Lawns, Tallaght, Dublin 24 to incorporate a portion of land adjoining their house, into their garden. This is required by the applicants to alleviate a problem of alleged anti-social behaviour. These lands were acquired by South Dublin County Council from Dublin City Council in accordance with the Scheme of Transfer lands under the Local Government (Dublin) Act 1993. The Council is presently awaiting registration of its title in The Property Registration Authority.
Accordingly, I recommend, that on completion of registration of title, the Council dispose of an area measuring 233 square metres or thereabouts adjacent to 301 Glenview Lawns, Tallaght, Dublin 24 as shown outlined in red on Drawing No. LA/12/08 to the respective householders, Noel & Catherine Whelan, in accordance with Section 211 of the Planning and Development Act, 2000 and subject to the provisions of Section 183 of the Local Government Act, 2001 subject to the following terms and conditions as recommended by the Council’s Valuer:-
1. That the land be disposed of on the basis of a leasehold disposal for garden purposes only.
2. The applicant to pay to the Council a capital premium of €10,000 (ten thousand euro).
3. That the applicant shall be granted a lease in the above land for a term of 99 years at an initial rent of €1 (one euro) per annum (if demanded) with rent reviews every 5 years linked to changes in the Consumer Price Index.
4 That the Council shall retain a wayleave to any services that exist on, under or above the subject land.
5 That an appropriate boundary wall be constructed, the specification for which is to be agreed with the Council’s Roads Area Engineer.
6 That the new boundary wall complies with the building regulations and Planning and Development Act 2000(as amended).
7 That the applicant shall pay the Council’s legal fees.
8 That the County Solicitor shall draft the necessary legal agreement and may include further terms and conditions or make such reasonable alterations, additions and modifications thereto as he deems appropriate.
9 That the proposal is subject to the necessary approvals and consents being obtained.
10 No agreement enforceable at law is created or intended to be created until exchange of contracts has taken place.
The lands to be disposed of form part of lands acquired from Dublin City Council in 1997 in accordance with the Scheme of Transfer of Lands under the Local Government (Dublin) Act 1993.
J. Horan
County Manager