COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, January 16, 2012

HEADED ITEM NO. 7(c)

Proposed disposal of strip of land at side of 10 Maple Grove, Rathcoole, Co. Dublin to Edward & Marie McConnon.

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An application has been received from Edward & Marie McConnon, the owners of a property at 10 Maple Grove, Rathcoole, Co. Dublin to acquire a strip of land at the side of the property which they have been maintaining for some years. The strip of land in question forms part of a longer strip which runs to the side of No 10 Maple Grove and continues along the rear of houses at 16 to 20 Maple Grove. A portion of the land to the rear of 18-20 Maple Grove has already been disposed of by the Council as approved at Council meeting held on 14/3/2011.

 The matter was referred to the Council’s Chief Valuer for consideration 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 a strip of land comprising of an area of 0.019Ha or thereabouts at the side of10 Maple Grove, Rathcoole, Co. Dublin  as shown outlined in red on Drawing No. LA/68/11  to the respective houseowners, Edward & Marie McConnon 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 shall dispose of the plot as shown outlined in red on Drawing No. LA/68/11 comprising of an area of 0.019Ha at Maple Grove, Rathcoole for the consideration of €1,850.00 (one thousand eight hundred and fifty euro) plus VAT, if applicable.

 2.     That the land is disposed of with full freehold title and vacant possession subject to the wayleave referred to at No 3 hereunder.

3.     That the Council shall retain a wayleave over the entire plot (area shown shaded in yellow on Drawing No. LA/68/11) and shall require unimpeded access at all times to services that exist in the above land. The existing gate/gateway at entrance to the subject plot shall be retained for this purpose.

 4.     That no structure either temporary or permanent is to be located within the wayleave area.

 5.     That the applicant shall incorporate the subject plot into his property and shall construct a boundary feature to the satisfaction of the Council. No load bearing walls, hedging or boundary treatments shall be erected that would prevent access between properties along the area of the wayleave including plots to the rear of neighbouring properties. Any boundary feature erected shall not interfere with the noise barrier along the N7 which adjoins the subject plot.

 6.     That the applicant shall be responsible for the maintenance and upkeep of the subject plot including all boundary fences, walls, gates etc

 7.     That the applicant shall pay the Council’s legal fees in this matter.

8.     That the applicant shall pay the Council’s Valuers fees of €250 (two hundred and fifty euro), plus V.A.T.

9.     That the Council’s Law Agent shall draft the necessary legal agreements and shall include any further terms he deems appropriate in Agreements of this nature.

 10. That the disposal is subject to the necessary statutory approval of the Council being obtained.

 11. That no exchange enforceable at law is created or intended to be created until exchange of contracts has taken place.

 The lands to be disposed of form part of lands acquired from Mulholland Development Company Limited under the Dublin County Council Compulsory Purchase (Saggart/Rathcoole Interchange) Order, 1993 for roads purposes.

 J. Horan

County Manager