COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, October 14, 2013

HEADED ITEM NO. H9(d)

Proposed disposal of plot of land to the rear of No. 3 and No. 5 Rowlagh Crescent, Clondalkin, Dublin 22 to Mr. Darren Church

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The owner of the property at 3 Rowlagh Crescent, Clondalkin, Mr. Darren Church, applied to the Council to acquire a plot of Council owned land to the rear of his property and to the rear of adjoining 5 Rowlagh Crescent, for incorporation into the garden of his house at No 3. The Applicant indicated that he requires the lands to straighten the boundary wall of the properties to remove a partially secluded area which it is claimed is a location for anti-social activity. The owner of 5 Rowlagh Crescent, Mr. Paul Cleary has given his consent to this application.

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 disposes of the plot of land measuring 0.0068 hectares or thereabouts to the rear of 3 and 5 Rowlagh Crescent as shown outlined in red on Indicative Drawing No. LA/44/10 to the houseowner of No. 3 Rowlagh Crescent, Mr. Darren Church, 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 €765 (seven hundred and sixty five euro) plus VAT (if applicable).
  2. That the subject plot is shown hatched in red on Indicative Drawing No. LA/44/10 having a net area of 0.0068 hectares or thereabouts.
  3. That the land is disposed of with full freehold title and vacant possession.
  4. That the subject land is not encumbered by any services.
  5. That the Applicant shall incorporate the area and any boundary feature constructed shall be in accordance with the Planning and Development and the Building Control legislation.
  6. That the Applicant shall pay the Council's Valuer's fees of €250 (two hundred and fifty euro) plus VAT.
  7. That the Applicant shall pay the Council's legal fees plus VAT and outlay.
  8. That the Council shall prepare disposal maps suitable for land registry purposes.
  9. That the transaction is completed within 3 months of the date of the Council's approval of the disposal.
  10. That the Council's Law Agent shall draft the necessary legal documents and shall include any further terms he deems appropriate in Agreements of this nature.
  11. That the disposal is subject to the necessary approvals and consents being obtained.
  12. That no agreement enforceable at law is created or intended to be created until such time as contracts have been exchanged.

 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.

 D. McLoughlin

County Manager