COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, May 10, 2010

HEADED ITEM NO. 7c

 

Re:  Proposed disposal of portion of laneway at rear of 34 St Peter’s Drive, Greenhills, Dublin 12 to Patrick & Mary Gahan

An application has been received from Patrick & Mary Gahan of 34 St Peter’s Drive, Greenhills, Dublin 12 to acquire a portion of laneway at the rear of their home due to anti-social behaviour in the area. The  extinguishment of the Public Right of Way over section of laneway in question at rear of 34 St Peter’s Drive was approved by the Council at its meeting held on 12/04/2010.

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 by way of lease an area measuring 50.31sq metres or thereabouts to the rear of 34 St Peter’s Drive as shown outlined in red on attached Drawing No. RE 1038  to Patrick &Mary Gahan 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 applicants shall pay the Council a  capital premium of €2,000 (two thousand euro) and will be granted a lease in the above land for a term of 99 years subject to a nominal rent of  €1 per annum (if demanded)  exclusive of all outgoings with rent reviews every 5 years linked to changes in the consumer Price Index.

2. That the applicants shall use the above land for garden purposes and it can be used as a vehicular access to the existing dwelling i.e. No. 34 St Peter’s Drive.

3.That the applicants or successor in title shall not be permitted to include the land in any planning application for density purposes or in any application for access road or laneway to another dwelling.

4.That the Council shall retain a wayleave to services (if any) that exists on, under or over the subject plot.

5.That the applicants incorporate the area into the existing property and constructs a boundary feature that is to the satisfaction of the Council.

6. That the applicants shall pay the Council’s Valuers fees of €250 (two hundred and fifty euro).

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

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

9. 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 lands acquired from  South Dublin Utility Society Limited in 1966 for open space purposes.

J. Horan

County Manager