COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, September 13, 2010

UB-ITEM NO.7g

Proposed disposal of strip of land adjacent 220 Moyville Estate, Rathfarnham, Dublin 16 to Donal  & Bridget Spillane

  

An application has been received from Donal & Bridget Spillane,  220 Moyville Estate, Rathfarnham, Dublin 16 to acquire a strip of land adjacent to their property at the above address which has already been incorporated into their garden. The strip of land in question, which formed part of the open space at Edmondstown Green had been incorporated approximately  7 years ago when the applicants constructed a boundary wall to replace hedging and to alleviate incidences of antisocial behaviour, dumping etc.   While the open space had been under the maintenance of the Council for several years, the title was only recently transferred to the Council and accordingly the Council is now in a position to regularise the title in this case.

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 104 sq metres or thereabouts adjacent to 220 Moyville Estate, Rathfarnham, Dublin 16 as shown outlined in red on attached Drawing No. PLS 1682-03  to the respective houseowners, Donal & Bridget Spillane 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 €10,000.00 (ten thousand euro) plus VAT, if applicable. 
  2. That the subject plot is as shown outlined in red on Drawing No PLS 1682-03 attached having an area of 104 square metres or thereabouts. 
  3. That the land is disposed of with full freehold title.
  4. That the Council shall retain a wayleave to services that exist in the above land (if any).
  5. That the boundary feature constructed by the applicants is to the satisfaction of the Council. 
  6. That the applicants shall pay the Council’s legal fees in this matter.
  7. That the applicants shall pay the Council’s Valuers fees of €800 (eight hundred euro), plus V.A.T.
  8. That the transaction is completed within 3 months of the date of the Council’s approval of the disposal.
  9. That the County Solicitor shall draft the necessary legal agreements and shall include any further terms he deems appropriate in Agreements of this nature.
  10. 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 Adroit Company Limited in 2010 for open space purposes.

J. Horan

County Manager