COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, September 08, 2008

HEADED ITEM NO. 11(g)

An application has been received from the owners of the dwelling at 143 St. Maelruan’s Park, Tallaght, Dublin 24, Padraic and Ulrike Dwane, to acquire a portion of Council owned land adjacent to their property. 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 by way of lease of an area measuring 185 square metres or thereabouts adjacent to 143 St Maelruan’s Park  as shown outlined in red on Drawing No. LA/20/08  to the respective householders, Padraic and Ulrike Dwane,  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 applicants will be granted a lease in the above land for a term of 10 years    subject to an annual rent  of €100 (one hundred euro) per annum, exclusive of all  outgoings.

  2.   That the applicants shall  use the above land for garden purposes only and shall not be permitted to construct any buildings thereon.

 3.   That the Council shall retain a wayleave to services that exist in the above land and that the Council or any other party nominated by the Council shall have the right to access the subject plot for the purpose of maintaining, diverting or laying services.

 4.   That the applicants incorporate the area into their garden and construct a boundary wall to the satisfaction of the Council.

 5.    That the applicants or successors in title shall not be permitted to include the land as access to any   development on the side garden of no. 143 St Maelruan’s Park or for any development purposes.

 6.   That the applicants shall pay the Council’s legal fees.

 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 Patrick Murphy in 1996 for housing and open space purposes.

 J. Horan

County Manager