COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, April 16, 2012

HEADED ITEM NO. H7e)

Proposed disposal of plot of land adjacent to 14 Castle Park, Tallaght, Dublin 24 to Ms. Rosemary Boyle and Mr. Barry Kavanagh

The owners of the property at 14 Castle Park, Tallaght, Ms. Rosemary Boyle and Mr. Barry Kavanagh applied to the Council to acquire a plot of Council owned land adjacent to their property for incorporation into the existing garden.

The matter was referred to the Council’s Valuer for examination and he has recommended the following terms which he considers to be fair and reasonable and which have been accepted by the Applicants.

Accordingly, I now recommend that the Council dispose of the plot of land measuring 0.009 hectares or thereabouts adjacent to 14 Castle Park, Tallaght, Dublin 24 as shown outlined in red on the attached Drawing No. LA/70/11 to the respective houseowners, Ms. Rosemary Boyle and Mr. Barry Kavanagh, 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 Valuer:-

  1. That the Council disposes of the subject plot for the consideration of €3,000 (three thousand euro) plus VAT (if applicable).
  2. That the subject plot is shown hatched in red on the attached Drawing No. LA/70/11 having a net area of 0.009 hectares.
  3. That the land is disposed of with full freehold title and vacant possession subject to Clause No. 4 hereunder.
  4. That access to any services in the subject land is not impeded or any services interfered with.
  5. That the Applicants shall contact the Council’s Public Lighting Section to arrange to have a survey carried out by qualified personnel to ascertain if there is any public lighting cables/equipment in the area prior to the disposal being finalised.  In the event of any public lighting equipment found, work can only proceed subject to agreement with the Public Lighting Section.  The Applicants shall be responsible for the cost of relocation/replacement/alteration/damage to public lighting equipment as deemed necessary.
  6. That the Applicants hold the freehold or equivalent interest in No. 14 Castle Park, Tallaght, Dublin 24.
  7. That the Applicants will incorporate the area into their existing garden and construct a boundary feature that is to the satisfaction of the Council.
  8. That the Applicants shall pay Valuer’s fees of €250 plus VAT.
  9. That the Applicant shall pay the Council’s legal fees plus VAT and outlay.
  10. That the transaction is completed within 3 months of the date of the Council’s approval of the disposal.
  11. That the Council’s Law Agent shall prepare the necessary legal documents and shall include any further terms he deems appropriate in agreements of this nature
  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 the lands acquired from Siobhán O Dea in 1964 for housing and open space purposes.