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(i)

Proposed disposal of portion of laneway to rear of 229 Killinarden Estate, Tallaght, Dublin 24 to Paul & Sandra Barry

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An application was received from Paul Barry to acquire a portion of laneway to the rear of his home at 229 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 at rear of  229 Killinarden Estate consisting of 0.0012ha or thereabouts as shown outlined in red on the attached Drawing No. LA/49/10 to the respective householders, Paul & Sandra Barry 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 Council dispose of the subject plot for the consideration of €500 (five hundred Euro).
  2.  That the subject plot is shown hatched in red on the attached Drawing No. LA/49/10 having a net area of 0.0012ha or thereabouts.
  3.  That the land is disposed of with full freehold title and vacant possession.
  4.  That the subject land is not encumbered by any services.
  5.  That the Council will extinguish the right of way over the subject plot.
  6.  That the applicants hold the freehold or equivalent interest in No. 229 Killinarden Estate, Tallaght, Dublin 24.
  7.  That the applicants will incorporate the area and construct a boundary feature that is to the satisfaction of the Council.
  8.  That the applicants shall pay Valuers fees of €125.
  9.  That the applicants shall pay the Council’s legal fees.
  10.  That the transaction is completed within 3 months of the date of the Council’s approval of the disposal.
  11.  That the County Solicitor shall draft the necessary legal agreements and shall include any further terms he deems appropriate in Agreements of this nature.
  12.  That the disposal is subject to the necessary approvals and consents being obtained.
  13.  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