COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, May 09, 2011
HEADED ITEM NO. H7(h)
Proposed disposal of portion of laneway adjacent to 266 Killinarden Estate, Tallaght, Dublin 24 to Veronica O’Toole
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An application was received from Veronica O’Toole to acquire a portion of laneway adjacent to her home at 266 Killinarden Estate, Tallaght, Dublin, 24.
The extinguishment of the public right of way over the section of laneway in question was considered by the members of the Tallaght Area Committee at its meeting held on 18/4/2011. The Committee has recommended to the Council that the public right of way over the laneway be extinguished and a report on this matter is listed at Headed Item 9 for the meeting of the Council to be held on 9/5/2011.
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 adjacent to 266 Killinarden Estate comprising of 0.0046ha or thereabouts (as shown outlined in red on the attached Drawing No. LA/50/10) to the respective householder, Veronica O’Toole, 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:
- That the applicant shall pay the Council a capital premium of €1,000 (one thousand Euro) and will be granted a lease in the above land for a term of 20 years subject to a nominal rent of €1 per annum exclusive of all outgoings with rent reviews every 5 years linked to the Consumer Price Index.
2. That the subject plot is shown outlined in red on the attached copy map having a net area of 0.0046 hectares.
3. That the applicant shall use the above land for garden purposes only.
4. That the subject land is not encumbered by any services.
5. That the applicant contacts the Public Lighting Section to arrange for the removal of 1 No. Public Lighting column which is currently located in the laneway and the applicant shall carry all costs associated with same.
6. That the Council will extinguish the right of way (if any) over the subject plot.
7. That the applicant holds the freehold or equivalent interest in No. 266 Killinarden Estate, Tallaght, Dublin, 24.
8. That the applicant will incorporate the area and construct a boundary feature that is to the satisfaction of the Council.
9. That the applicant shall pay Valuers fees of €125.
10. That the applicant shall pay the Council’s legal fees.
11. That the transaction is completed within 3 months of the date of the Council’s approval of the disposal.
12. That the applicant or successor in title shall not be permitted to include the subject land in any planning application for planning permission.
13. That the Council’s Law Agent shall draft the necessary legal agreements and shall include any further terms he deems appropriate in Agreements of this nature.
14. That the disposal is subject to the necessary approvals and consents being obtained.
15. 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 Housing Interests pursuant to the Local Government (Dublin) Act, 1993.
J. Horan
County Manager