COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, February 08, 2010
HEADED ITEM NO. 8(g)
The Council at its meeting held on 7th April, 2008 noted the proposal to dispose of a plot of land adjacent to 301 Glenview Lawns, Tallaght, Dublin 24 to the respective houseowners, Noel and Catherine Whelan on the basis of a leasehold disposal for garden purposes only for the consideration of €10,000.00. Minute No C/0165/08 refers.
The solicitors acting on behalf of Noel and Catherine Whelan subsequently notified the Council that their clients’ personal circumstances had changed and they now wished to explore the option of using the site to facilitate the extension of their existing house in the future.
The Council’s Valuer entered into further negotiations with the parties and has recommended that the Council dispose of the above land subject to revised terms and conditions which he now considers to be fair and reasonable.
Accordingly, I recommend that the Council dispose of an area measuring 233 square metres or thereabouts adjacent to 301 Glenview Lawns, Tallaght, Dublin 24 as shown outlined in red on Drawing No. LA/12/08 to the respective householders, Noel & Catherine Whelan, 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 shall pay the Council the sum of €20,000 (twenty thousand euro) and will be granted a lease in the above land shown outlined in red on Drawing No.LA/12/08 for a term of 99 years subject to a nominal rent of €1 (one euro) per annum, exclusive of all outgoings, with rent reviews every five years linked to the Consumer Price Index.
2. That the lease is for garden use and to allow the applicants to construct an extension to their existing dwelling on the subject plot. Any extension constructed will have a footprint of not more than 45 sq.m on the subject plot. The applicants will be responsible for obtaining planning permission, if required, and will indemnify the Council against any claims as a result of any building works carried out on the plot or use of the subject plot. The applicants will not be permitted to construct any other buildings on the site or include the site in any other planning applications.
On satisfactory completion of the extension referred to above, the applicants will have the option to apply to the Council to acquire the fee simple interest in the portion of the lands forming the footprint of the extension of not more than 45 square metres, subject to payment of the appropriate purchase price and the proper legal costs of transfer.
3. That if the applicants are in breach of condition No.2 the rent of €1 per annum will revert to the full open Market Rent of €4,000 (four thousand euro) per annum exclusive of all outgoings which will be subject to five yearly rent reviews to the full yearly market rent.
4. That the applicants will incorporate the area into their existing property and any boundary walls or features to be constructed shall be agreed with and constructed to the satisfaction of the Council.
5. That the Council shall retain a wayleave to any services that exist on, under or over the subject plot and in particular over the area coloured yellow on Drawing No. LA/12/08, unless the services that encumber the plot are relocated at the applicants own cost.
6. That the applicants shall pay the Council’s legal fees.
7. That the applicants shall pay Valuers fees of €800 (eight hundred euro).
8. That the County Solicitor shall draft the necessary legal agreement and may include further terms and conditions or make such reasonable alterations, additions and modifications thereto as he deems appropriate.
9. That the proposal is subject to the necessary approvals and consents
being obtained.
10. No agreement enforceable at Law is created or intended to be created
until exchange of contracts has taken place.
The lands being disposed of form part of the lands acquired from Dublin City Council (formerly Dublin Corporation) in 1997 under the Scheme of Transfer of Lands pursuant to the Local Government (Dublin) Act, 1993.
J. Horan
County Manager