COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, March 08, 2010

HEADED ITEM NO. 7(d)

Re:  Proposed disposal of portion of land at Old Ballycullen Road /Castlefield Avenue to Chris & Helen Lawlor

 

An application has been received from Chris & Helen Lawlor of  54 Coolamber Park, Knocklyon, Dublin 16 to acquire a portion of land at Old Ballycullen Road, Dublin 16 to facilitate the construction of a dwelling in order to relocate close to his elderly mother who lives in a property adjoining the site.

The matter has been referred to the Council’s Chief Valuer for examination and he has recommended the terms as set out hereunder which he considers to be fair and reasonable and which have been accepted by the applicants.

 Accordingly, I recommend, that the Council dispose of area of land comprising of an area of 1255 sq metres or thereabouts adjacent to Old Ballycullen Road/Castlefield Avenue as shown outlined in red on attached Drawing No. LA/07/10  to Chris & Helen Lawlor 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 Chief Valuer:-

 

1.                 That the land is disposed of subject to a building licence agreement allowing the construction of one dwelling only of not more than 200 sq. m and subject to  planning permission being granted for such a dwelling.

2.                 That the applicants must apply for planning permission within three months of the Council’s decision to dispose of the subject site.

3.                 That the development for which planning permission is granted is completed within nine months of the date of final grant of planning permission.

4.                 That the Council will dispose of the subject plot for the consideration of €140,000 (one hundred and forty thousand euro) payable as follows

a.      50% upon date of receipt of the final grant of planning permission.

b.     The balance of 50% upon transfer of title to the applicant following completion of the development to the satisfaction of the Council.

5.                 That following completion of development to the satisfaction of the Council that the subject land will be disposed of with full freehold title and vacant possession subject to the Council retaining a wayleave and right of way over area shaded yellow on Drawing No. LA/07/10 in order to access and maintain public services contained therein.

6.                 That the applicants shall contact the ESB directly for its wayleave requirements regarding the MV/LV underground cables that traverse the site.

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

8.                 That the applicants shall pay the Council’s Valuers fees of €800 (eight hundred euro).

9.                 That the County Solicitor shall draft the necessary legal agreements and shall include any further terms he deems appropriate in Agreements of this nature.

10.             No exchange 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 Elizabeth Meade in 1980 for roads purposes.  

J. Horan

County Manager