COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, May 09, 2011
HEADED ITEM NO. H7(f)
Proposed disposal of plots of land to rear of 12, 16,18 & 20 Lealand Road, Clondalkin, Dublin 22 to the respective houseowners.
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The Council at its meeting held on 13th November 2000 approved the disposal of three plots of land at Lealand Road comprising of an area of 1.74 acres(0.705Ha) or thereabouts, as shown delineated on Drawing No LD 882 to L.T. Construction Ltd to facilitate the construction of a housing development, Minute No C/451/00 refers. The plots of land in question adjoin the Bawnogue Enterprise & Community Centre and the consideration raised from the sale of the plots was used to offset part of the cost of constructing the Centre. One of the terms of the disposal (Condition 8) required the Purchaser to extend the existing rear garden walls to the existing houses on Lealand Road prior to completion of the housing development. This was to facilitate all of the houses having a uniform boundary where the rear gardens adjoin the Enterprise and Community Centre.
The work to extend the garden walls was completed some years ago but the legal transfer of the title to the additional lands incorporated into the gardens in the case of four houses which had been purchased from the Council, has not taken place. The remainder of the houses involved are Council owned rented properties and accordingly no legal transfer of title is required.
I now recommend that in order to regularise title to the plots of land incorporated into the gardens of houses at Nos. 12, 16, 18 & 20 Lealand Road as a result of the development referred to above, that the Council dispose of the freehold interest in the plots in question to the respective houseowners 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:-
1. (a) Area comprising of 0.004 Ha as shown outlined in red on Drawing No. LA/28/10 to be disposed of to Ms. Vivienne Trulock, 12 Lealand Road
(b) Area comprising of 0.001 Ha as shown outlined in red on Drawing No LA/29/10 to be disposed of to James & Anne Cummins, 16 Lealand Road
(c) Area comprising of 0.0016 Ha as shown outlined in red on Drawing No LA/38/10 to be disposed of to Dennis & Margaret Garrehy, 18 Lealand Road
(d) Area comprising of 0.007 Ha as shown outlined in red on Drawing No LA/30/10 to be disposed of to Patrick & Catherine Kennedy, 20 Lealand Road
2. That the Council dispose of the subject plots for the consideration of €10.00 euro each.
3. That the subject plots are disposed of with full freehold title and vacant possession.
4. That the Council shall retain a wayleave to any services that encumber the subject plots for maintenance purposes.
5. That the respective Purchasers hold freehold title or equivalent in their existing adjoining properties.
6. That each party shall be responsible for their own legal fees in this matter.
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. That no contract enforceable at Law is created or intended to be created until such time as contracts have been exchanged.
9. That the disposal is subject to the statutory approval of the Council.
The lands to be disposed of form part of lands acquired from Daniel & Johanna Moynihan in 1974 for housing purposes.
J. Horan
County Manager