COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, July 08, 2013
HEADED ITEM NO. 7(b)(i)
Variation in Proposed exchange of lands at School Road, Saggart , County Dublin with Mr Michael Harrington
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The Council at its meetings held on the 9th May 2005 and 13th June 2005 noted the proposal to dispose of a site comprising .046 hectares or thereabouts being part of the reservoir lands at School Road, Saggart to Mr. Michael Harrington who owns adjoining property, in exchange for an equivalent area of land in his ownership, which was required for the Boherboy Water Supply Scheme. Part of the lands being disposed of had already been in the possession of Mr. Harrington for several years. Manager's Orders Nos. LA/105/2005 and LA/145/2005 and Minute Nos. (C/0351/05) and (C/0436/05) refer.
The various accommodation works agreed between the Council and the Purchaser to give effect to the land exchange were finalised only recently as part of the contract for the Boherboy Water Supply Scheme, as a new contractor had to be engaged on the scheme.
During the course of these works the Council's contractor erected new boundary fencing which was not in line with the proposed boundaries as per the agreed land exchange. The revised boundaries resulted in an additional area of land being incorporated into Mr. Harrington's property and a smaller area being acquired by the Council. The Council's Engineer has confirmed that the area taken by the Council is a sufficient wayleave for the water supply scheme and accordingly it is proposed to proceed with the land exchange based on the boundaries now in place on site. The Engineer has also expressed concern that any further delays in finalising a settlement with Mr. Harrington may increase greatly the overall costs in dealing with this landowner.
The area now to be disposed of by the Council measures .059 hectares approximately hectares approximately as shown outlined in red on Drawing No. LA/35/11 Rev.A whereas the area to be acquired by the Council is now .029 hectares approximately as shown outlined in red on revised Drawing No. LA/36/11 Rev.A. Mr. Harrington is also to transfer, waive or surrender any title or interest he may have in a portion of the lands measuring .005ha on revised Drawing No. LA/37/11 Rev.A which was claimed to be in his possession prior to the scheme works.
I recommend therefore 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 that the Council vary the terms for the proposed exchange of lands at School Road, Saggart with Mr. Michael Harrington to provide for the revision of areas whereby the area now to be disposed of by the Council measures .059 hectares approximately as shown outlined in red on Drawing No. LA/35/11 Rev.A and the area to be acquired by the Council is now .029 hectares approximately as shown outlined in red on revised Drawing No. LA/36/11 Rev.A. Mr. Harrington is also to transfer, waive or surrender any title or interest he may have in a portion of the lands measuring .005ha as shown outlined in red on revised Drawing No. LA/37/11 Rev. A which was claimed to be in his possession prior to the scheme works.
The terms and conditions of the disposal as notified to the Council otherwise to remain unchanged.
D. McLoughlin
County Manager