COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, November 12, 2012

HEADED ITEM NO. 7b)

Proposed disposal of portion of land adjacent to Cookstown Industrial Estate,Tallaght, Dublin 24 to Henry Denny & Sons (Ireland) Ltd. to regularise title

An application has been received from Liam F. Coughlan & Co Solicitors on behalf of their clients, Henry Denny & Sons Ltd, Cookstown Industrial Estate, Tallaght, Dublin 24 to regularise title to a portion of Council owned land which has been  incorporated into their property for some time. The Solicitors claim that the area, whilst still registered to the Council, has been in the possession of their clients and their predecessors in title for approximately 50 years and the Solicitors have requested the Council to execute the necessary documentation to rectify their clients title to the plot in question.

The matter has been referred to the Council’s Chief Valuer for examination 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 its interest in two plots of land comprising of a total area of 300 sq metres or thereabouts adjacent to Cookstown Industrial Estate, Tallaght, Dublin 24, as shown outlined in red on Indicative Drawing No. LA/08/09  to Henry Denny and Sons (Ireland) Ltd 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 subject plots are as shown outlined in red on the attached Indicative Drawing No. LA/08/09 having a combined net area of 300 square metres or thereabouts.

2.     That the Council dispose of the subject plots for the consideration of €5,500 (five thousand, five hundred euro).

3.     That the subject plots are disposed of with full freehold title and vacant possession.

4.     That the applicant shall pay the Council’s reasonable legal fees plus V.A.T. and outlay.

5.     That the applicant shall pay the Council’s Valuers fees of €800 (eight hundred Euro) plus V.A.T.

6.     That the above proposal is subject to satisfactory proof of title.

7.     That the Council shall prepare an updated map of the subject plots in compliance with current Land Registry requirements.

8.     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.

9.     No exchange 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 Dublin City Council (formerly Dublin Corporation) in 1997 under the Scheme of Transfer of Lands pursuant to the Local Government (Dublin) Act, 1993.

P. Poole

County Manager