COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, July 14, 2008

HEADED ITEM NO. 10(e)

          Proposed disposal of land adjacent to 2 Wilderwood Grove, Templeogue – Mr. Bernard Gibbons.

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An application was received from the owner of 2 Wilderwood Grove, Templeogue to purchase an area of Council owned land at the side of the property. The area in question comprises part of the footpath which links Wilderwood Grove with Willington Close. The applicant is, however, prepared to meet the cost of re-locating this footpath within the adjoining open space.

 I recommend that the Council dispose of by way of lease of a plot of land measuring 34sq. metres or thereabouts adjacent to no. 2 Wilderwood Grove, Templeogue as shown hatched in red on Drawing No. DEV.6114-1 to Mr. Bernard Gibbons 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 area of land to be disposed of is as shown hatched red on Drawing No. DEV.6114-1 comprising 34 sq. metres or thereabouts.

2.                 The plot to be disposed of by way of a lease for a term of 99 years for the consideration of €3,500.00 (three thousand five hundred Euro).

3.                 The rent reserved in the lease shall be €1 (one Euro), if demanded, to be reviewed every five years and linked to the customer price index.

4.                 That the future use of the land the subject of this lease be restricted to garden purposes only.

5.                 That the applicant shall pay the full cost of the re-location of the existing footpath to be agreed with the Council’s Parks Superintendent.

6.                 That the applicant shall construct an appropriate solid boundary wall, the specification for which is to be agreed with the Council’s Parks Superintendent.

7.                 That the Council retain a wayleave and right-of-way over the entire area and to have access at all times for the purpose of maintaining the services located therein.

8.                 That no compensation shall be payable by the Council in the case of any necessary works on its services in the future. The Council, however, to carry out normal restoration in such circumstances.

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

 

10.            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.

11.            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 Gallagher Group Properties Ltd in 1979 for open space purposes.

 J. Horan

County Manager