COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, July 11, 2011

HEADED ITEM NO.H8(e)

Proposed disposal of portion of laneway to the side and rear of 31 Tymonville Road, Tallaght, Dublin, 24 to Christopher & Elizabeth Jones

_______________________________

An application was received from Christopher & Elizabeth Jones to acquire a portion of laneway to the side and rear of their house at 31 Tymonville Road, Tallaght, Dublin, 24.  Mr & Mrs. Jones wish to build a garage onto the side of their house.

The public right of way over the section of laneway to the side and rear of 31 Tymonville Road was extinguished by the Council in December 1999.

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 applicants.

Accordingly I recommend that the Council dispose of the portion of laneway to the side and rear of 31 Tymonville Road, Tallaght consisting of 44 square metres (.0044Ha) or thereabouts, as shown outlined in red on the attached Indicative Drawing No. LA/10/11 Rev 1 to Christopher & Elizabeth Jones 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 €2,500 (two thousand five hundred euro) plus VAT (if applicable).

 2.     That the subject plot is shown outlined in red on the attached Indicative Drawing No. LA/10/11 Rev 1 having a net area of 44 square metres (.0044Ha) or thereabouts.

3.     That the plot is disposed of with full freehold title and vacant possession.

 4.     That the applicants hold the freehold or equivalent interest in No. 31 Tymonville Road

 5.     That the applicants will incorporate the area and construct a boundary feature that is to the satisfaction of the Council.

6.     That the existing public lighting column within the subject plot shall be removed by the Council prior to the plot being transferred to the applicants.  The Council’s Public Lighting Section must be contacted when the application has been approved and the lighting column and associated cabling removed prior to any works being commenced by the applicants.  The applicants shall be responsible for the cost of relocation/replacement/alteration or damage to public lighting equipment as deemed necessary by the Council’s Public Lighting Section.

 7.     That the applicants shall pay Valuers fees of €250 plus V.A.T.

 8.     That the applicants shall pay the Council’s legal fees plus Outlay and V.A.T. if applicable.

 9.     That the transaction is completed within 3 months of the date of the Council’s approval of the disposal

 10. That the County Solicitor shall draft the necessary legal agreements and shall include any further terms he deems appropriate in Agreements of this nature.

11. That no contract enforceable at Law is created or intended to be created until such time as contracts have been exchanged.

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

The lands being disposed of form part of lands acquired from M. Waterman in 1975 for housing and open space purposes.

J. Horan

County Manager