COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, March 14, 2011

HEADED ITEM NO. 12(b)

Proposed disposal of area of land adjacent to 10 Newlands Avenue, Clondalkin, Dublin 22 to Brian D. Walsh

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An application was received from Mr. Brian D. Walsh to acquire a strip of land adjacent to his home at 10 Newlands Avenue, Clondalkin, Dublin 22, which immediately adjoins an area of open space.

 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 applicant.

 Accordingly, I recommend, that the Council dispose of an area measuring 0.014ha or thereabouts to the side of 10 Newlands Avenue as shown outlined in red on attached Drawing No. LA/02/11  to Brian D. Walsh  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 applicant shall pay the Council the sum of €20,000 for the freehold interest in the land. The applicant will be responsible for removal of services on the subject land and for the payment of a contribution to Parks Department in the sum of €500 towards the removal of an existing hedge by the Council and a deduction of these costs (subject to the combined figure of the deductions being not more than €10,000) shall be made from the consideration of €20,000.

 2.     That the plot is disposed of with full freehold title and vacant possession.

 3.     That the subject plot is shown outlined in red on the attached Drawing No. LA/02/11, having a net area of 0.014ha.

 4.     That the applicant incorporates the area and constructs a boundary feature that is satisfactory to the Council.

 5.     That the applicant shall pay Valuer’s fees of €250, plus VAT.

 6.     That the applicant shall pay the Council’s legal fees, plus VAT & Outlay.

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

 8.     No agreement enforceable at law is created or intended to be created until exchange of contracts has taken place.

 The lands to be disposed of form part of lands acquired from Kevin Loughnane & Co. Ltd in 2009 for open space purposes.

J. Horan

County Manager