COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, April 12, 2010

HEADED ITEM NO. H7c

Re:    Proposed disposal of portion of land at rear of 86 Tymonville Road, Tallaght, Dublin 24 to Colm  & Deborah Lynch

 

An application has been received from Colm & Deborah Lynch, 86 Tymonville Road, Tallaght, Dublin 24 to incorporate a portion of a rear access laneway adjacent to the rear of their house into their property.  The owners of the houses to the right of No 86 which adjoin this laneway. i.e. Nos 80 , 82 & 84 have indicated that they are agreeable to the closure of the laneway by incorporating it into the adjoining properties. These house owners have also been offered terms for the disposal of the portion of laneway adjacent to their respective properties but have not yet confirmed acceptance of the terms.  The remainder of the laneway running from Nos 88 to 96 can be accessed via a gate by any householders who wish to retain access.

  Mr & Mrs Lynch are anxious to regularise the position in relation to their property and accordingly it is recommended that the Council proceed with this application at this stage.

 The matter was referred to the Council’s Chief Valuer for consideration 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 disposes of a strip of land comprising of an area of 14 sq metres or thereabouts at the rear of 86 Tymonville Road, Tallaght, Dublin 24 as shown outlined in red on attached Drawing No LA/19/10  to Colm & Deborah Lynch 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 Council dispose of the subject plot for the consideration of €300 (three hundred Euro).

2.     That the land is disposed of with full freehold title and vacant possession.

3.     That the applicants shall incorporate the subject plot into their existing garden and shall construct a boundary feature which will be to the satisfaction of the Council.

4.     That each party shall be responsible for payment of their own legal fees in this matter.

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

6.     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 lands acquired from M. Waterman  in 1975 for housing purposes.  

J. Horan

County Manager