COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, April 08, 2013

QUESTION NO. 12

QUESTION: Councillor W. Lavelle

To ask the Manager to outline the legal basis for the leasing of council-owned lands by way of license; to further outline in what circumstances such license arrangements would be considered; and to request that the Manager would agree to seek Council approval for any proposed license arrangements, respecting that the disposal of council-owned lands (including leases for temporary lettings of not less than one year) is normally a reserved function of the elected members under Section 183 of the Local Government Act?

REPLY:

The Councils landbank is held with a view to securing Council strategic objectives either for future Council led development or by way of disposal for the provision of funding for other objectives of the Council. Disposal proposals are brought to the elected members in accordance with Section 183 of the Local Government Act 2001 which states (inter alia) :

 

—(1) The following provisions have effect in relation to any proposed disposal (not being by demise for a term not exceeding one year) of land which is held by a local authority:
	(a) notices shall be sent or delivered to the members of the local authority giving particulars of—
	(i) the land,
	(ii) the name of the person from whom such land was acquired, if this can be ascertained by reasonable inquiries,
	(iii) the person to whom the land is to be disposed of,
	(iv) the consideration proposed in respect of the disposal,
	(v) any covenants, conditions or agreements to have effect in connection with the disposal;
	(b) at the first meeting of the local authority held after the expiration of 10 days after the day on which such notices are sent or delivered, the local authority may resolve that the disposal shall not be carried out or that it shall be carried out in accordance with terms specified in the resolution;

As indicated above in bold, (my emphasis), proposed demises of less than one year are specifically excluded from the requirements of Section 183. These demises are by their nature short term and do not create any interest in the property concerned. They are generally used to accommodate a short term use and/or need in the most convienent manner possible. Accordingly it is not considered appropriate that they become subject to a legislative procedure from which they have been specifically excluded.