COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, March 11, 2013

HEADED ITEM  H8c) (i)

 

01 March 2013
Development Section,

Development Economic & Transport Planning Department  

County Hall,
Town Centre,
Tallaght, Dublin 24 
                                                                                                           

TO: EACH MEMBER OF SOUTH DUBLIN COUNTY COUNCIL

Proposed disposal of plot of land to the rear of 61 Bawnlea Avenue, Tallaght, Dublin 24 to Ms. Priscilla Barker

_______________________________

The owner of the property at 61 Bawnlea Avenue, Tallaght, Ms. Priscilla Barker applied to the Council to acquire a plot of Council owned land to the rear of her property, for incorporation into the garden of her house.

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 Applicant.

Accordingly, I now recommend that the Council dispose of the plot of land measuring 0.0035 hectares or thereabouts to the rear of 61 Bawnlea Avenue, Tallaght, Dublin 24 as shown outlined in red on the attached Drawing No. LA/38/12 to the houseowner, Ms. Priscilla Barker, 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 freehold title to the land be disposed of with vacant possession, subject to Clause 3 below.
  3. That the Council retain a wayleave to area coloured yellow on the attached Drawing No. LA/38/12 to allow access to adjacent services.
  1. That the Applicant shall incorporate the area into her existing property and any boundary constructed shall be in accordance with the Planning and Development and the Building Control legislation.
  2. That the Applicant shall pay the Council’s Valuer’s fees of €800 (eight hundred euro) plus VAT.
  3. That the Applicant shall pay the Council’s legal fees plus VAT and outlay.
  4. That the transaction is completed within 3 months of the date of the Council’s approval of the disposal.
  1. That the County Solicitor shall draft the necessary legal documents and shall include any further terms he deems appropriate in Agreements of this nature.
  1. That no contract enforceable at Law is created or intended to be created until such time as contracts have been exchanged.
  2. That the disposal is subject to the necessary approvals and consents being obtained.

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 and Housing pursuant to the Local Government (Dublin) Act, 1993.

P. Poole

County Manager