COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, May 09, 2011
HEADED ITEM NO. H7(d)
Re: Proposed disposal of portion of land adjacent 301 Glenview Lawns, Tallaght, Dublin 24 to Noel and Catherine Whelan – Variation of terms
The Council at its meeting held on 7th April, 2008 noted the proposal to dispose of a plot of land adjacent to 301 Glenview Lawns, Tallaght, Dublin 24 to the respective houseowners, Noel and Catherine Whelan on the basis of a leasehold disposal for garden purposes only for the consideration of €10,000.00. Minute No. C/0165/08 refers. The Council noted a variation of these terms at its meeting held on 8/2/2010 to provide for the disposal of the plot on a leasehold basis for an increased consideration to facilitate the construction of an extension to the existing property. Minute No. H8g)/0210 refers.
The solicitors acting on behalf of Noel and Catherine Whelan subsequently queried if the Council would consider the disposal of the freehold title to the plot to their clients and the matter was re-examined by the Council’s Valuer.
The Council’s Valuer has now recommended that the Council dispose of the above land subject to revised terms and conditions which he now considers to be fair and reasonable.
Accordingly, I recommend that the Council dispose of an area measuring 233 square metres or thereabouts adjacent to 301 Glenview Lawns, Tallaght, Dublin 24 as shown outlined in red on Drawing No. LA/12/08 to the respective householders, Noel & Catherine Whelan, 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 Valuer:-
1. That the applicants’ or their contractor shall be granted a building licence to enter and construct an extension, which will have a footprint of not greater than 45 sqm, on the area shown outlined in red on attached Drawing No. LA/12/08, subject to planning permission being obtained.
2. That if the erection of the extension permitted under the agreement is completed to the satisfaction of the Council, the land is to be disposed of for the consideration of €20,000 (twenty thousand euro) plus VAT (if applicable), subject to full freehold title and vacant possession (subject to Term 4 below).
3. That the applicants will incorporate the area and any boundary walls or features to be constructed shall be agreed with and constructed to the satisfaction of the Council.
4. That the Council shall retain a wayleave to any services/public utilities that exist on, under or over the subject plot and in particular over the area area coloured yellow on Drawing No. LA/12/08, unless the services that encumber the plot are relocated at the applicants’ own cost.
5. That the applicants shall pay the Council’s legal fees.
6. That the applicants shall pay valuers fees of €1200(twelve hundred euro) plus VAT.
7. That the applicants hold the freehold or equivalent interest in No. 301 Glenview Lawns, Tallaght, Dublin 24.
8. That the County Solicitor shall draft the necessary legal agreement and may include further terms and conditions or make such reasonable alterations, additions and modifications thereto as he deems appropriate.
9. That the proposal is subject to the necessary approvals and consents being obtained.
10. 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 Dublin City Council (formerly Dublin Corporation) in 1997 under the Scheme of Transfer of Lands pursuant to the Local Government (Dublin) Act, 1993.
J. Horan
County Manager