COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF TALLAGHT AREA COMMITTEE (2)
Wednesday, October 27, 2010
MOTION NO. 5
MOTION: Councillor S. Crowe
This Council Committee calls on the Manager to clarify the legitimate concerns of residents living in the Kingswood area regarding the disposal and possible disposal of public open space lands in the area.
REPORT:
The County Council recognises the legitimate concerns of the residents living in the Kingswood area regarding the continued protection and enhancement of the current open space infrastructure in Kingswood. In this regard the Council has at all times sought to consolidate it's legal title in relation to the ownership of all the major open spaces in Kingswood, currently under regular care and maintenance by the Parks Department.
The residents living in Kingswood can be assured of the Council's intention to continue to maintain the public open space areas in the Kingswood Estate for the common good. In relation to the present concerns, a statement of the position was issued on 12th October setting out the facts of the matter as follows:
1. In 1985 a Deed of Dedication for the public open space lands in the Kingswood area was executed by Sylvan Homes Ltd. This Deed transferred the control and a maintenance responsibility for all the dedicated open space areas in Kingswood to the County Council. The lands have been maintained on a regular basis by the County Council ever since, but it should be noted that the freehold legal interest in the lands remains with Sylvan Homes Ltd. and it’s successor Goldlake Developments Ltd. A meeting was recently held with the representatives of Goldlake Developments. Ltd. with a view to transferring the freehold title to all the dedicated lands in Kingswood to the County Council and it is hoped to have this completed in the near future
2. A number of requests from local residents and landowners however, were received by Sylvan Homes Ltd. for the transfer of small plots of land to the adjoining householders to provide enlarged garden areas etc. These plots, because of their small size and location were considered to be of little recreational value and were in some instances, the focus of anti-social activity in the area. Three such plots were disposed of by Sylvan Homes Ltd. to the adjoining property owners to which the County Council raised no particular objection. In addition an area of land at the entrance to Kingswood near the Belgard Road was also disposed of to the I.R.F.U. by Owenabue, a related company to Sylvan Homes Ltd., in order to rationalise property boundaries in this area.
3. Arising from these disposals the company made a contribution of approx. €22,500 to the County Council to enhance and provide for the development of public open space in the area.
4. In recent years similar disposal arrangements were considered by private landowners in relation to small unusable plots of dedicated public open space land elsewhere in the County and following further legal / planning advice it was clarified that the County Council cannot support, in any way, the disposal or privatising of dedicated or conditioned public open space. Furthermore, it has been advised that the County Council cannot consent to the lodging of planning applications in respect of the development or enclosure of any dedicated / conditioned public open space within the County.
5. With regard to the two plots of dedicated public open space land at The Crescent and Sycamore Close, Kingswood, which are currently the subject of planning appeals to An Bórd Pleanála, the County Council has refused planning permission for the proposed developments on the grounds, amongst others, that the applicant had insufficient legal interest in the lands, as the Deed of Dedication establishes a public trust over the lands in perpetuity. The Council’s position in this regard has been vindicated by recent decisions of An Bord Pleanála in relation to similar applications for proposed development on dedicated public open space in the county.
6. It should be noted that since 2004, Deeds of Dedication as a method of conveyance of public open space lands are no longer acceptable to the County Council. The conveyance of public open space land to the County Council is now carried out by way of a Deed of Transfer which transfers unencumbered freehold title and ownership of the lands directly to the County Council.
The Council will continue to maintain the public open space areas in the Kingswood Estate and continues to seek the formal legal transfer of title of those areas to the County Council.