COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF RATHFARNHAM AREA COMMITTEE

Tuesday, September 15, 2009

MOTION NO.  11

MOTION: Councillor C. Keane

"That this Committee discuss the problem residents in Orlagh Downs and Orlagh Lodge have with the large trees to the rear of their houses – now totally out of control and some dangerous, and that the following information be available in a coordinated report from Parks/Planning on this issue-  raised previously by this councillor.

(a) Parks have stated ‘as far as parks are concerned the area is not in charge and is the responsible of the Developer? Or the residents? . Question:-  if the rest of the estate is in charge why was this area not taken in charge at that time ?

(b) And to state where responsibility lies now? The residents cannot access this property and are not and cannot be expected to take responsible for those trees.

(c) Please outline what steps are being taken to have this problem rectified

(d) to name the developer concerned.

REPORT:

The strip of land between Orlagh and Woodfield estates is not in Council ownership.  A provisional search undertaken by the Council’s Development Department with the Land Registry office to determine land ownership concluded that the area in question is not a “no-man’s land” and that there is no land between Woodfield and Orlagh that is not under ownership.  The Council’s Development Department is currently endeavouring through further search with the Land Registry office to identify the owner or owners of this land.  The area was not taken in charge as it did not constitute any part of the public open space for either development.  It would appear, in this context, that ownership of the land remains with the original developer or with the individual property holders within the Orlagh and Woodfield estates and that their ownership extends beyond their boundary walls into the strip of land in question.

The trees within the strip of land are the responsibility of the registered landowners and as such they are a civil matter between the landowners involved.  As the site is inaccessible , it can only be accessed via property in private ownership.