COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, September 13, 2010
UB-ITEM NO.7e
Proposed disposal of area of land adjacent to 72/73 Castle Park, Tallaght, Dublin 24 to Philip Malone and Nicola Priestly – Variation to terms
The Council at its meetings held on 12th June 2006 and 10th July 2006, noted the proposal to dispose of two plots of land comprising of an area of 29.14 square metres and 42.58 square metres approximately, being portions of the laneway located between 72 and 73 Castle Park, Tallaght, Dublin 24 to the respective houseowners, Mr Philip Malone & Ms Nicola Priestly and Paul & Alethea Cummins. Minute Nos. C/0386/06 and C/0435/06 refer. The public right of way over this laneway was extinguished in 1995. The Council’s solicitor was instructed to prepare the necessary legal documents.
Paul and Alethea Cummins subsequently notified the Council in June 2010 that they were no longer in a position to proceed with this transaction and were withdrawing their application to acquire a portion of the laneway. Following subsequent discussions with Mr Philip Malone of No. 72 Castle Park, he expressed an interest in acquiring the entire section of laneway between the two properties. The Council’s Valuer was requested to recommend revised terms and conditions for the disposal of the entire section of laneway to the owners of No 72 Castle Park, who have indicated their acceptance of the terms.
I recommend therefore that the Council dispose of a plot of land comprising of .007Ha or thereabouts being the portion of laneway located between 72 and 73 Castle Park, Tallaght as shown outlined in red on Drawing No. LA/39/10 to Philip Malone and Nicola Priestly, of No. 72 Castle Park, 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 Valuer:-
1. That the applicants shall pay the Council a capital premium of €1000 (one thousand euro) and will be granted a lease in the subject plot for a term of 20 years subject to a nominal rent of €1 per annum exclusive of all outgoings with rent reviews every 5 years linked to the Consumer Price Index.
2. That the subject plot is as shown outlined in red on Drawing No. LA/39/10 having a net area of (0.007 Ha).
3. That the applicants shall use the subject plot for garden purposes only.
4. That the applicants shall incorporate the subject plot into their existing property area and construct a boundary feature to the satisfaction of the Council.
5. That the applicants hold the freehold title or equivalent in No. 72 Castle Park, Tallaght.
6. That the applicants shall pay the Council’s legal fees in this matter.
7. That the applicants shall pay the Council’s Valuers fee of €250 (two hundred and fifty Euro) plus VAT.
9. That the applicants or successor in title shall not be permitted to include the subject land in any planning application for planning permission.
10. That the transaction is completed within three months of the Council’s approval of the disposal.
The lands being disposed of were acquired in 1964 from Siobháin O Dea for housing purposes.
J. Horan
County Manager