COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, December 12, 2011
HEADED ITEM NO. 10a)
HEADED ITEM: R. Department
PROPOSED EXTINGUISHMENT OF THE PUBLIC RIGHT OF WAY OVER PATHWAY ADJACENT TO 71 TYMON NORTH ROAD AND 10 ST AONGUS GREEN, TALLAGHT, DUBLIN 24. MAP REF: RE 1118.
The attached report was CONSIDERED at the Tallaght Area Committee Meeting (2) on Monday 28th November, 2011.
Following consideration of the report it was proposed by Councillor M. Corr, seconded by Councillor P. Kearns and AGREED:
“That this committee recommends to the Council that the public right of way over pathway adjacent to 71 Tymon North Road and 10 St. Aongus Green, Tallaght, Dublin 24, as shown shaded red on Map Ref: RE 1118 be extinguished.”
The decision regarding the extinguishment of a public right of way is a reserved function of the Council.
If the Council agrees to the recommendation, the following resolution is required.
“South Dublin County Council in pursuance of its power under Section 73 of the Roads Act, 1993 hereby orders that the public right-of-way over pathway adjacent to 71 Tymon North Road and 10 St. Aongus Green, Tallaght, Dublin 24, as shown shaded red on Map Ref: RE 1118 be extinguished.”
MEETING OF TALLLAGHT AREA COMMITTEE (2)
MONDAY 28th NOVEMBER 2011
HEADED ITEM NO. 9
PROPOSED EXTINGUISHMENT OF THE PUBLIC RIGHT OF WAY OVER PATHWAY ADJACENT TO 71 TYMON NORTH ROAD AND 10 ST AONGUS GREEN, TALLAGHT, DUBLIN 24. MAP REF: RE 1118.
The following report was submitted to the Tallaght Area Committee Meeting on Monday, 26th September, 2011.
“The Parks Department has reported that the local Community Group are interested in creating a Community Garden on the open space at St. Aongus Green, Tallaght, which will aid in removing a locus of anti social activity. It is intended that the existing path shown shaded red on Drawing RE. 1118 will be removed and the area incorporated into the open space.”
Following consideration of the report, it was agreed to initiate the procedure.
The proposal to extinguish the public right-of-way was advertised in the Echo on Thursday 6th October, 2011 and signs were erected on site in accordance with Section 73 of the Roads Act, 1993. The latest date for receipt of objections, representations and requests for an oral hearing was Monday 21st November, 2011.
No submissions were received.
Public Lightingno issue associatedwith this extinguishment.
Water Section – no implications.
Drainage Section report – a foul sewer is located in the pathway. This sewer takes the foul drainage from the houses on St. Aongus Green. For drainage maintenance purposes full and unhindered access to this manhole is critical. Any proposal affecting the foul sewer has to be agreed with the drainage maintenance engineer.
Bord Gais have reportedno gas mains inside of boundary so no objection to the proposal.
Eircom has no objection - access would be required at 71, Tymon North Road.
UPCIn the drawing it shows the ducting running under the pavement. However, this is unlikely and probably runs beside the pavement and should be approximately 400mm deep. Any work to be carried out in the vicinity of this ducting will necessitate that a UPC Plant Protection Officer be present during the work.
ESB to becontacted before the commencement of any works.
It is proposed to effect the closure by the removal of the existing path and the area incorporated into the adjoining open space.
The decision regarding the extinguishment of a public right-of-way is a reserved function of the Council.
Any recommendation of the Committee will be brought to the attention of the Council.