COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF RATHFARNHAM AREA COMMITTEE

Tuesday, April 12, 2011

HEADED ITEM NO. 5

GAELSCOIL CHNOC LIAMHNA

The Council at its meeting held on 8th March 2011 considered the following report :

"The Council issued terms to the Department of Education in November 2002 in relation to disposal of a site of circa 1.5 acres at Knocklyon Road to accommodate Gaelscoil Chnoc Liamhna who had been in occupation of part of the site since 2001. The valuation was updated in December 2006 and terms were accepted by the Department in January 2007 and approved by the Council at its meeting held on 12/2/2007 -Minute No C/0062/07 refers.

A difficulty arose in completing the transfer of the lands due to title issues relating to a section of abandoned road which traverses the site. This section of the former Knocklyon Road was severed by the M50(Southern Cross Route) and the public right of way was extinguished as part of  the Motorway Scheme. The Council owns lands on  both sides of this section of road and its ownership extends to half the road on one side. The remaining half of the road is unregistered land and the Council has endeavoured for some time to register ownership of it and has submitted Senior Counsel’s Opinion to the Property Registration Authority to this effect. However the PRA has not yet accepted the Council’s claim and the Council will have to examine what if any other options are available to it in order to regularise title.

In the meantime the Gaelscoil wished to go in to occupation of the full site and terms for a temporary letting of the site on an annual basis subject to an annual rent was issued to the Chairman of the Board in November 2009.  A response is awaited. "

Following discussion it was agreed that a further report would be presented to the next meeting of the Committee.

In the meantime,  the Council's Solicitor has confirmed that he is preparing a revised affidavit for completion by the Council to be submitted as part of a new application to the Property Registration Authority, for registration of title based on possession.

The Gaelscoil received planning permission on 4/8/2010 for the provision of railings along the northern boundary of the site where it adjoins the Council's open space lands. Planning Reg. Ref: SD10A/0168 refers. This boundary was agreed on site in 2002 between representatives of the Gaelscoil and representatives of Knocklyon Utd F.C who use the pitches in the adjoining open space on an annual letting from the Council and it is understood that the boundary was marked on the ground at that stage.

The Council has recently  issued a letter to the Chairman of Gaelscoil Chnioc Liamhna advising him of the current position in this matter.