COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, May 12, 2008

HEADED ITEM NO. 10(f)

 

Proposed disposal of portion of land adjacent to 34 Pearse Brothers Park, Ballyboden, Dublin 16  - Kevin Cardiff and Maria McDonald

  

An application has been received from Kevin Cardiff and Maria McDonald to incorporate a portion of Council owned land adjoining their house, into their garden to facilitate a side access.

Accordingly, I recommend that the Council dispose of an area measuring 30 square metres or thereabouts adjacent to 34 Pearse Brothers Park, as shown outlined in red on Drawing No. LA/23/07 Rev. A to the respective householders, Kevin Cardiff and Maria McDonald 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 Council dispose of the subject plot for the consideration of €7,000 (seven thousand euro).

 2.     That the land is disposed of with full freehold title and vacant possession.

 3.     That the Council shall retain a wayleave to services that exist in the above land (if any)

 4.     That the disposal shall be subject to any wayleave or right of way over the land that An Bord Gais have.

 5.     That the applicant shall pay the Council’s legal fees.

 6.     That the applicant incorporates the area into the side garden and constructs suitable boundary wall, to match and tie into existing boundary walls.

 7.     That the County Solicitor shall draft the necessary legal Agreement and may include further terms and conditions as are deemed appropriate in agreements of this nature.

 8.     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 W. White and C. Tobin in 1954 for Housing purposes.

 J. Horan

County Manager