COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, April 12, 2010
HEADED ITEM NO. 7e
Re: Re: Proposed disposal of portion of laneway at side and rear of 65 St Ronan’s Park. Clondalkin, Dublin 22 to James Mooney
An application has been received from James Mooney, 65 St Ronan’s Park, Clondalkin, Dublin 22 to acquire a portion of laneway at the side and to the rear of his home. This is required by the applicant to alleviate problems of anti-social behaviour in the laneway. The public right of way over this area was extinguished by the Council at its meeting held on 9th June 2003. Minute No. C/0546/03 refers.
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 applicant.
Accordingly, I recommend, that the Council dispose of a portion of laneway comprising of an area of 75 sq metres or thereabouts adjacent to 65 St Ronan’s Park, Clondalkin as shown outlined in red on attached Drawing No. LA/18/10 to the householder, James Mooney, 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 will dispose of the subject plot for the consideration of €1,000 (one thousand euro).
2. That the land shall be disposed of with full freehold title and vacant possession subject to term 3 hereunder.
3. That the Council shall retain a wayleave and right of way over area shaded yellow on Drawing No. LA/18/10 to services that exist in the above land and that the Council shall have the right at all times to access the subject plot for the purpose of maintaining these services. No building or permanent structure is to be erected within the wayleave area.
4. That no compensation shall be payable by the Council in the event of carrying out any necessary works on its services in the future within the subject plot. The Council, however, to carry out normal restoration in such circumstances.
5. That the applicant shall incorporate the area into his existing property and any boundary walls or features to be constructed shall be agreed with and constructed to the satisfaction of the Council.
6. That the applicant shall pay the Council’s legal fees.
7. That the County Solicitor shall draft the necessary legal agreements and shall include any further terms he deems appropriate in Agreements of this nature.
8. 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 Dublin City Council (formerly Dublin Corporation) in 1997 under the Scheme of Transfer of Houses and Lands pursuant to the Local Government (Dublin) Act, 1993.
J. Horan
County Manager