COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, May 09, 2011

HEADED ITEM NO. 7(c)

Re:  Proposed disposal of laneway to the side and rear of 16 Tymonville Drive, Tallaght, Dublin, 24 to  Vincent & Margaret Carty 

An application was received from Mr Vincent Carty to acquire laneway to the side and rear of his house at 16 Tymonville Drive, Tallaght, Dublin, 24.

The public right of way over the section of laneway to the side and rear of 16 Tymonville Drive and to the rear of 12-14 Tymonville Drive was extinguished by the Council at its meeting held on 14/3/2011 (Minute No H14/0311 refers). The section of laneway adjoining the area to the rear of No 16 Tymonville Drive has already been incorporated into an adjacent property.

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 the portion of laneway to the side and rear of 16 Tymonville Drive, Tallaght consisting of 65 square metres or thereabouts, as shown outlined in red on the attached Drawing No. LA/17/10 to the respective houseowners, Vincent & Margaret Carty 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 subject plot is shown outlined in red on the attached Drawing No. LA/17/10 having a net area of 65 square metres or thereabouts.
  2. That the Council dispose of the subject plot for the consideration of €2,500 (two thousand five hundred euro).
  3. That the plot is disposed of with full freehold title and vacant possession.
  4. That the applicants contact the Council’s Public Lighting Section to arrange for the removal of 1 No. Public Lighting column which is located in the laneway and the applicants shall carry all costs associated with same.

      5.   That access shall be retained for Chorus NTL (UPC) for its underground services located within the area of disposal shown indicatively in blue line on attached Drawing.  The applicants should contact Chorus NTL prior to carrying out any work in this area.

      6.    That the applicants incorporate the subject plot into their existing property and construct a boundary feature that is satisfactory to the Council.

      7.    That the applicants shall pay Valuer’s fees of €250 plus VAT.

      8.    That the applicants shall pay the Council’s legal fees.

      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.    That the disposal is subject to the necessary approvals and consents being obtained.

     11.    No agreement 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 the lands acquired from M. Waterman in 1975 for housing and open space purposes.

 J. Horan

County Manager