COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, April 16, 2012
HEADED ITEM NO. H7(f)
Re: Proposed disposal of plot of land adjacent to 18 Castle Park, Tallaght, Dublin 24 to Ms Christina Duffy and Mr. John Barrett
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The owners of the property at 18 Castle Park, Tallaght, Ms Christina Duffy and Mr. John Barrett applied to the Council to acquire a plot of Council owned land adjacent to their property for incorporation into the existing garden.
The matter has been 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 0.011 hectares or thereabouts adjacent to 18 Castle Park, Tallaght, Dublin 24 as shown outlined in red on the attached Drawing No. LA/71/11 to the respective houseowners, Ms Christina Duffy and Mr. John Barrett, 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 shall dispose of the subject plot for the consideration of €1,500 (one thousand five hundred euro) plus VAT (if applicable).
2. That the subject plot is shown hatched in red on the attached Drawing No. LA/71/11 having a net area of 0.011 hectares.
3. That the land is disposed of with full freehold title and vacant possession subject to Clause No. 4 hereunder.
4. That the Council shall retain a wayleave and right of way over area shown coloured yellow on the attached Drawing No. LA/71/11 to access services laid therein
- A 4 inch watermain is located in the footpath adjacent to the site. Any development within 3m of this watermain, e.g. extension or house, shall comply with SDCC Specifications for the Laying of Water Mains and Drinking Water Supply.
-A 150mm diameterSW drain is located within the site. This may be relocated within the site subject to all existing connections to this drain remaining and the new gradient shall not adversely affect the existing flow.
5. That the Applicants shall contact the ESB to obtain their requirements in relation to their services within the subject plot, in particular the mini-pillar and any cables leading thereto and also requirements of UPC in relation to their services within the subject plot.
6. That the Applicants hold the freehold or equivalent interest in No. 18 Castle Park, Tallaght, Dublin 24.
7. That the Applicants will incorporate the area into the existing garden and construct a boundary feature that is to the satisfaction of the Council.
8. 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.
9. That the Applicants shall pay Valuer’s fees of €250 plus VAT.
10. That the Applicants shall pay the Council’s legal fees plus VAT and outlay.
11. That the transaction is completed within 3 months of the date of the Council’s approval of the disposal.
12. 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.
13. 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.