COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, September 08, 2008

HEADED ITEM NO. 11(f)

An application has been received from Ms Caroline Smyth to acquire a plot of land at 142 St. Maelruan’s Park, Tallaght, for incorporation into the property to facilitate the construction of one new dwelling in the side garden of No 142 (Planning Reg. Ref. SD07A/1045 refers). The plot of land in question has been the subject of a number of complaints of alleged anti-social behaviour over the years and also contains some public utilities to which access needs to be maintained. 

 Accordingly,   I recommend that the Council dispose of the freehold title of an area measuring 80 square metres or thereabouts adjacent to 142 St. Maelruan’s Park, Tallaght as shown outlined in red on the attached Drawing No. LA/05/08  to Ms Caroline Smyth  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 applicant shall pay the Council the sum of €45,000 (forty five thousand euro) for the freehold interest in the subject land.

 2. That the applicant will  be responsible for the relocation of any ESB cables (if required) that may need to be pulled closer to the NTL services to reduce  the impact on the overall strip of land. This will necessitate reaching agreement with the ESB and NTL. In the event of the applicant incurring substantial costs in the relocation of services (if necessary), the Council may consider a reduction in the purchase price as a contribution towards these costs.

 3. That the Council shall retain a wayleave and right of way over area hatched on Drawing No. LA/05/08 to services that exist in the above land and that the Council shall have the right to access the subject plot for the purpose of maintaining these services.

 4.  That the applicant incorporate the area into the garden of 142 St. Maelruan’s Park and construct a boundary wall to the satisfaction of the Council.

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

 6.     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.

 7.     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 Patrick Murphy in 1996 for housing and open space purposes.

 J. Horan

County Manager