COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, December 12, 2011
HEADED ITEM NO. 10b)
HEADED ITEM: R. Department
PROPOSED EXTINGUISHMENT OF THE PUBLIC RIGHT OF WAY OVER LANEWAY TO SIDE AND REAR OF 100 BALROTHERY ESTATE, AND THE REAR OF 99, Balrothery Estate, Tallaght, DUBLIN 24. MAP REF: RE 1119
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 P. Kearns, seconded by Councillor M. Devine and AGREED:
“That this committee recommends to the Council that the public right of way over laneway to side and rear of 100 Balrothery Estate and the rear of 99 Balrothery Estate, Tallaght, Dublin 24, shown shaded red on drawing RE 1119 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 laneway to side and rear of 100 Balrothery Estate and the rear of 99 Balrothery Estate, Tallaght, Dublin 24, shown shaded red on drawing RE 1119 be extinguished.”
MEETING OF TALLAGHT AREA COMMITTEE (2)
MONDAY 28th NOVEMBER 2011
HEADED ITEM NO. 10
PROPOSED EXTINGUISHMENT OF THE PUBLIC RIGHT OF WAY OVER LANEWAY TO SIDE AND REAR OF 100 BALROTHERY ESTATE, AND THE REAR OF 99, Balrothery Estate, Tallaght, DUBLIN 24. MAP REF: RE 1119
The following report was submitted to the Tallaght Area Committee Meeting on Monday, 26th September, 2011.
“An application has been received from the Housing Department and the resident of 100 Balrothery Estate to formally extinguish the public right-of-way over laneway to the side and rear of 100, Balrothery Estate and the rear of 99, Balrotherey Estate, Tallaght, due to antisocial behaviour and to affect the closure by means of a gate.”
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 received.
Public Lighting have reported Pole 37 is the only Public Light which may be affected by this closure because of proximity to any works associated with closure.
Water & Drainage Section report - Environmental Services Dept have no objection to the extinguishment of the public right of way over this laneway.
Bord Gais have reported no gas mains inside of boundary so no objection to the proposal.
Eircom have no services in the laneway.
UPC services underground in the laneway and should the need arise to re-locate contact would have to be made with UPC regarding re-location of services.
ESB have services in the laneway but have no objections but insist they are contacted before the commencement of any works.
It is proposed to affect the closure by means of the erection of a gate to the side of 100 Balrothery Estate.
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.