COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, July 14, 2008

HEADED ITEM NO.18

 

PROPOSED AGREEMENT UNDER  SECTION 85 OF THE LOCAL  GOVERNMENT ACT 2001 WITH  DUN LAOGHAIRE RATHDOWN  COUNTY COUNCIL IN RELATION  TO THE M50 UPGRADE  SCHEME

REPLY:

South Dublin County Council resolved at its monthly meeting on 10th May 1999 to enter into an agreement under Section 59 of the Local Government Act, 1955 with Dun Laoghaire Rathdown County Council in respect of proposed widening of the M50 whereby Dun Laoghaire Rathdown County Council was enabled to carry out all works including the preparation of the Environmental Impact Statement, Motorway Scheme, service of Notices etc in the administrative are of South Dublin County Council.

Following service of all necessary Notices to Treat and Notices of Entry under the Motorway Scheme by Dun Laoghaire Rathdown County Council it was considered expedient by both local authorities that South Dublin County Council would perform all remaining functions relating to the M 50 Scheme in the South Dublin County Council area. These functions include the negotiation and conveyance of the necessary lands required.

In preparation of the council’s defence of arbitration hearings in connection with the scheme it is necessary to recommend the following S 85 Agreement, Local Government Act 2001, which empowers South Dublin County Council to perform all outstanding functions relating to the M 50 scheme in its administrative  area. 

In these circumstances the following resolution is recommended: 

“That South Dublin County Council hereby resolves to enter into an Agreement under Section 85 of the Local Government Act 2001with Dun Laoghaire Rathdown County Council in relation to the M50 Upgrade Scheme and the statutory approvals thereof under S 49 & 51 of the Roads Act 1993 as amended,  to perform all outstanding functions in relation to the implementation and completion of outstanding legal and financial land acquisition matters within the administrative area of  South Dublin County Council”.