COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, May 11, 2009

HEADED ITEM NO. 7(c)

Re:  Proposed disposal of plot of land adjacent to dwelling at 142 St.  Maelruan’s Park, Tallaght, Dublin 24 – Variation of terms

The Council at its meeting held on 10th September, 2008 noted the proposal to dispose of a plot of land adjacent  to 142 St. Maelruan’s Park, Tallaght, by way of freehold title 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 forms part of a larger strip which has been the subject of a number of complaints of alleged anti-social behaviour over the years and also contains some public utilities. The remainder of the strip is being disposed of to the owners of 143 St. Maelruan’s Park , which adjoins the site on the other side. Minute No.C/0355/08 refers.

The valuation in this case was initially prepared by the Valuer in January 2008 but time elapsed before bringing the matter to the Council in September 2008 due to the need to agree the division of the strip between the two householders and to obtain the agreement of public utility companies to the diversion and protection of access to their services in the plot.  The applicant has recently indicated that due to the current economic climate and difficulties in raising funding to facilitate the acquisition of the site and construction of a dwelling, she wished to re-negotiate the terms of the disposal and engaged a Valuer in this regard. The Council’s Valuer entered into further negotiations with the parties and has recommended that the Council dispose of the above land subject to the following revised terms and conditions which he now considers to be fair and reasonable.

Accordingly, I now 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 Indicative 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 and that the disposal now be 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 €30,000 (thirty thousand euro) for the freehold interest in the subject land and that the applicant will be responsible for the removal of any services on the subject land and a deduction in the sum of €3,100 (three thousand one hundred euro) shall be made from the above sum as a contribution by the Council towards the cost of diverting services from the site, to enable its disposal.
  2. That the applicant holds the freehold interest in the portion of land contained within the confines of the existing garden at 142 St. Maelruan’s Park which      is  required by the applicant, in conjunction with the Council’s lands, to assemble a house site.  If the applicant does not hold freehold interest in the area it is to be transferred to the applicant prior to disposal of the subject plot.
  3. That works regarding the removal of any services shall be agreed between the applicant and the relevant public utility bodies or any other relevant party and the Council and that the applicant will indemnify the Council in respect of any claims arising out of these works.
  4.  That the Council shall retain a wayleave and right of way over area hatched on Indicative 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.
  5.  That the applicant shall construct a boundary feature to the satisfaction of the Council.
  6.  That the applicant shall pay the Council’s legal fees in this transaction.
  7.  That the applicant shall pay Valuer's fees of €1,000.00(one thousand euro) in this transaction.
  8.  That the above proposal is subject to the necessary approvals and consents being obtained and a final accurate map being prepared by the Council.
  9.  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.

     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