COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF TALLAGHT AREA COMMITTEE (2)
Monday, September 28, 2009
HEADED ITEM NO. 2 (B)
PROPOSED EXTINGUISHMENT OF PUBLIC RIGHT-OF-WAY OVER GRASS VERGE TO THE SIDE OF 21 PARKVIEW, GREENHILLS ROAD, TALLAGHT, DUBLIN 24. MAP REF: RE O906
The following report was submitted to the Tallaght Area Committee Meeting (2) on the Monday 27th April, 2009.
“An application has been received from a Resident of Parkview, Greenhills Road, Tallaght, Dublin 24 to formally extinguish the public right of way over grass verge to the side of 21 Parkview, Greenhills Road, Tallaght, Dublin 24, and to effect the closure by means of incorporation into his garden.”
Following consideration of the report, it was agreed to initiate the procedure.
The proposal to extinguish the public right-of-way was advertised in the Echo on Wednesday 6th May, 2009 and signs were erected on site in accordance with Section 73 of the Roads Act, 1993. The latest date for receipt of objections, representations and requests for an oral hearing was Friday 19th June, 2009.
No submissions were received.
Public Lighting have reported the following “There are 2 No. public lighting columns located at the boundary of the designated area. Theses columns are fed over head and can only be altered after consultation with the ESB and SDCC public lighting department prior to construction. These columns cannot be located behind a boundary wall as 24hr access is required for maintenance purposes.
The applicant would be responsible for the cost of replacement/alteration/damage to public lighting equipment as deemed necessary by South Dublin County Council, Public Lighting Section.
Water Section have stated “a 4" watermain is located close to the boundary of No. 21 Parkview and apparently in the area of the proposed extinguishment of Public Right of Way.
The watermain must be accessible at all times for maintenance and repair if and when necessary and the wayleave must be preserved in order to ensure supply of water to nos. 21 to 25 Parkview estate. No structures are to be built within 3m of watermains of 4" diameter (100mm).”
Drainage Section has no objection.
Bord Gais have report the following “our records indicate the presence of a 63mm Medium pressure gas main at the location shown.”
If the extinguishment was to proceed we would require access at all times to this main and a formal wayleave agreement would need to be put in place. Any building developments would also need to be the required distance from the main as per Irish Standard IS 329.
Alternatively it might be possible to move the main but this would be subject to a suitable alternative route being available, this is a chargeable activity.”
Eircom & NTL has no objections to the proposal.
ESB has no objection but wish to be contacted before any works commence.
In the meantime the owner has rebuilt the boundary wall to the side of his property. Accordingly it is recommended that the public right of way at this location not be extinguished.
The decision regarding the extinguishment of a public right-of-way and the granting of an oral hearing is a reserved function of the Council.
Any recommendation of the Committee will be brought to the attention of the Council.