COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, March 14, 2011

HEADED ITEM NO. 12(c)

Proposed disposal of strip of land at rear of 18-20 Maple Grove, Rathcoole, Co. Dublin to  Antoinette & Fintan King and Mary & Denis McHugh, the residents of 18 & 20 Maple Grove respectively.

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An application has been received from the residents of properties at 18 and 20 Maple Grove, Rathcoole, Co. Dublin to acquire a strip of land at the rear of properties at 18-20 Maple Grove. The strip of land in question is somewhat secluded and is bounded by the back gardens of houses at Maple Grove on one side and the boundary barrier along the N7 on the other side. The applicants have indicated that the area is susceptible to anti social behaviour and also contains significant overgrowth which attracts litter and vermin. The residents of 18- 20 Maple Grove have agreed that the strip of land in question be divided as outlined on the attached indicative drawing.

 The lands were acquired by the Council in accordance with the Compulsory Purchase Order for Saggart Rathcoole Interchange and the title has yet to be registered to the Council.

 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 following completion of registration of the Council’s title, that the Council dispose of a strip of land comprising of an area of 0.044Ha  or thereabouts at the rear of 18-20 Maple Grove, Rathcoole, Co. Dublin  as shown outlined in blue and green on Indicative Drawing No. LA/07/11  to be divided between the houseowners of No 18 and 20 Maple Grove, Antoinette & Fintan King and Mary & Denis McHugh respectively 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 shall dispose of Plot A as shown outlined in blue on Indicative Drawing No. LA/07/11  comprising of an area of 0.031Ha to the houseowners of No 20 Maple Grove, Rathcoole, Mary & Denis McHugh for the consideration of €3,500.00 (three thousand five hundred euro) plus VAT, if applicable.
  2. That the Council shall dispose of Plot B as shown outlined in green on Indicative Drawing No. LA/07/11 comprising of an area of 0.013Ha to the houseowners of No 18 Maple Grove, Rathcoole , Antoinette & Fintan King  for the consideration of €1,950.00 (one thousand nine hundred and fifty euro) plus VAT, if applicable.
  3. That the land is disposed of with full freehold title and vacant possession subject to the wayleave referred to at No 4 hereunder.
  4. That the Council shall retain a wayleave over the area shown shaded in yellow on Indicative Drawing No. LA/07/11 to access services that exist in the above land.
  5.  That no structure is to be located within the wayleave area. 
  6. That the applicants shall incorporate the plots into their properties and shall construct a boundary feature to the satisfaction of the Council. No loadbearing walls, hedging or boundary treatments shall be erected that would prevent access between properties along the area of the wayleave. Any boundary feature erected shall not interfere with the barrier along the N7 which adjoins the rear of the subject plots.
  7. That the applicants shall be responsible for the removal of overgrowth and debris from the subject plots. 
  8. That the applicants shall pay the Council’s legal fees in this matter.
  9. That the applicants shall pay the Council’s Valuers fees of €250 (two hundred and fifty euro), plus V.A.T.
  10. That the County Solicitor shall draft the necessary legal agreements and shall include any further terms he deems appropriate in Agreements of this nature.
  11. No exchange 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 Mulholland Development Company Limited under the Dublin County Council Compulsory Purchase (Saggart/Rathcoole Interchange) Order, 1993 for roads purposes.

J. Horan

County Manager