COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF RATHFARNHAM AREA COMMITTEE

Tuesday, May 11, 2010

QUESTION NO. 9

QUESTION: Councillor C. Keane

"To ask the Manager for a detailed /full report on the work carried out - progress etc. etc.  that was agreed would take place at Willbrook Lawn open space - entire area?"

REPLY:

The following report was noted at the meeting of the Rathfarnham Area Committee on the 15th December 2009.

“On 13 November, 2007, a resolution was agreed at the Terenure Rathfarnham Area Committee Meeting whereby hoardings erected would be removed in order to facilitate access to the open space area for public use.  The agreement specifically required the occupiers of Nos. 29 and 30 Willbrook Lawn to arrange for the reconstruction of their boundary walls.  To minimise any potential for anti social activity in the area, the Council agreed to erect gated railings at two agreed locations.  It was intended that the gates would be opened during normal park hours and closed at darkness thereby giving access for play to the entire open space during daylight hours whilst minimising night-time security risk to Nos. 29 and 30 and the potential for anti-social behaviour.  It is intended that the Willbrook Lawn Residents Association would be responsible for the opening and closing of the gates. The resolution is almost fully implemented with respect to the open space abutting No. 29 Willbrook Lawn.

An exchange of correspondence has been ongoing between the Council and the solicitors representing the owner of No. 30 Willbrook Lawn since March 2008.  The owner is insistent that the open space abutting the premises be ceded to her and that she would be responsible for the construction of a new boundary wall along the line of the proposed gated railing with no access to the land and contrary to the resolution made on 13th November, 2007.

On 10th March 2009 the Law Agent wrote to the Solicitors for the owner of No. 30 Willbrook Lawn setting out the proposals.  No response was received.

By letter dated 1st September 2009, the Council again wrote to the Solicitors for the owner of the property at 30 Willbrook Lawn stating that after the passage of 30 days from the date of the letter the Council would remove the existing hoarding adjacent to 30 Willbrook Lawn in order to restore fully the open space area and that it would erect a new hoarding along the property line of 30 Willbrook Lawn in the event of the owner not taking action to secure the property boundary.

By letter dated 7th September, 2009, the Solicitor for the owner of No. 30 Willbrook Lawn responded to the Council requesting a copy of letter dated 10th March 2009 and same was furnished by letter dated 17th September 2009.

By letter dated 29th September, 2009, the Solicitors for the property owner replied as follows:

“……any attempt by any party to interfere with our client’s property to include her boundary fence, will result in our client taking such legal action as she may be advised with a view to defending and vindicating her rights in the matter.”

In response to further correspondence from the Solicitors for the property owner, dated 22nd December 2009, the Council's Law Agent issued a letter on 15th January in the following terms:

That

·         the existing fence would be removed by Parks Department

·         the rear garden boundary of No. 30 Willbrook Lawn would be secured by means of a timber fence pending the reconstruction of the boundary wall  by the owner

·         that a railing and double leaf gates would be erected on the open space and that

·         landscaping of the open space would be consistent with the landscaping of the open space adjacent to No. 29 Willbrook Lawn.

 It was further stated that the Council’s Parks Department intended to commence the works as indicated on 26th January 2010.

The Law Agent has concurred with the actions proposed in the foregoing report.”

It was planned to implement the actions outlined above on the 26th January 2010.  However, the Council' Law Agent received a letter on the 25th January 2010 from the solicitor for the owner of 30 Willbrook Lawn and on the advice of the Council’s Law Agent it was decided to postpone the actions until clarification had been received on the matters raised by the solicitor for the owner of 30 Willbrook Lawn. 

As a result of those discussions, a further letter has issued to the Solicitors acting for the owner of 30 Wilbrook Lawn, stating that the Council intends proceeding with the works on Tuesday 25th May 2010.

In relation to the balance of open space,adjacent to No. 29 Willbrook Lawn, the landscape works have been completed and the area secured. In accordance with the resolution agreed at the Terenure Rathfarnham Area Committee Meeting on November 13, 2007, the Willbrook Lawn Residents Association and the owners of 29 Willbrook Lawn have been issued with keys for the gates and have been advised to arrange the management of the opening and locking of the gates in accordance with park opening hours.