COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, July 11, 2011

HEADED ITEM NO. 8(f)

:  Proposed disposal of portion of laneway to the side and rear of 33 Tymonville Road, Tallaght, Dublin, 24 to Barry Davey & Elaine Whelan

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An application was received from Barry Davey and Elaine Whelan to acquire a portion of laneway to the side and rear of their house at 33 Tymonville Road, Tallaght, Dublin, 24.

The public right of way over the section of laneway to the side and rear of 33 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 33 Tymonville Road, Tallaght consisting of 35 square metres (.0035Ha) or thereabouts, as shown outlined in red on the attached Indicative Drawing No LA/11/11 Rev1 to Barry Davey  & Elaine 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 Chief Valuer:

 1.     That the Council dispose of the subject plot for the consideration of €1,250 (one thousand two hundred and fifty euro) plus VAT (if applicable).

2.     That the subject plot is shown outlined in red on the attached Indicative Drawing No LA/11/11 Rev1 having a net area of 35 square metres (.0035Ha) or thereabouts.

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

 4.     That the applicants shall contact the Public Lighting Section to arrange for a survey to be carried out by qualified personnel to ascertain the location of any public lighting equipment prior to any works being carried out at the plot. In the event of any public lighting equipment found within the subject plot, work can only proceed subject to agreement with the Council’s public lighting section. The applicants shall be responsible for the cost of relocation/replacement/alteration or any damage caused to public lighting equipment as deemed necessary by the Council’s Public Lighting Section.

 5.     That the applicants hold the freehold or equivalent interest in No. 33 Tymonville Road

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

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

 12. That no contract 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 lands acquired from M. Waterman in 1975 for housing and open space purposes.

J. Horan

County Manager