COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, June 09, 2008

HEADED ITEM NO.9 (i)

Proposed disposal of plot of land adjacent to  dwellings at “Suncroft”, Ballymount Road  and 41 Dunmore Grove,  Dublin 24

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Applications have been received from the owners of two dwellings  at “Suncroft”Ballymount Road  and 41 Dunmore Grove,  Dublin 24 to acquire a portion of land adjacent to their properties for incorporation into their gardens to alleviate a problem of alleged anti-social behaviour.  It is proposed to divide the area between the two householders as shown on Drawing No LA/11/08 and LA/13/08 attached. Both applicants have opted to take a lease of a portion of the plot for garden purposes only.

 Accordingly,  subject to completion of registration of the Council’s title to the lands,  I recommend that the Council dispose by way of lease of an area measuring 140 square metres or thereabouts adjacent to “Suncroft” Ballymount Road  as shown outlined in red on Drawing No. LA/13/08 to the respective houseowner, Catherina Donnelly  and an area measuring 100 square metres or thereabouts adjacent to 41 Dunmore Grove as shown outlined in red on Drawing No. LA/11/08 to the respective householders,  Tom and Caroline Germaine,  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  each applicant shall pay the Council a capital premium of €2000 (two thousand euro) and will be granted a lease in the subject land for

         a term of 99 years subject to a nominal rent of €1 per annum(if demanded) exclusive of all outgoings with rent reviews every 5 years linked to

         Consumer Price Index.

    2.  That the applicants shall only use the above land for garden purposes.

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

    4.  That the applicants incorporate the area into the garden of their adjoining properties and any boundary walls shall be agreed with and carried 

         out by the applicants to the satisfaction of the Council.

     5.   That the applicants shall pay the Council’s legal fees in this matter.

     6.   That the applicants or successors in title shall not be permitted to include the subject plot of land  in any application for planning permission  

          for a re-development of their properties.

 The lands to be disposed of form part of lands acquired from Crampton Housing Ltd in 2000 for open space purposes.

J. Horan

County Manager