COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, December 09, 2013

HEADED ITEM NO. 8b)

Proposed disposal of plot of land to the rear of 638 Whitechurch Road, Rathfarnham, Dublin 14 to Mr. Niall Clarke

Planning permission was granted to Mr. Niall Clarke, to build 3 dwellings to the rear of 638 Whitechurch Road, Rathfarnham on 16th May 2006 (planning ref SD05A/1061 refers). The approved access to the new development, known as Glenmore Mews, is across a strip of Council owned lands at Glenmore Green. The applicant had been advised that the grant of access would be subject to the agreement on terms and conditions with the Council. A survey carried out by Mr. Clarke's Architects indicates that a strip of land in the ownership of the Council has been included in the development site. The dwellings have been constructed on site and the developer, Mr. Niall Clarke, has sought the agreement of the Council to formalise the agreement and regularise the title to the development in respect of the Council owned strip of land.

The matter was referred to the Council's Chief 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.

I now recommend that the Council disposes of a plot of land measuring 0.015 hectares or thereabouts to the rear of 638 Whitechurch Road, Rathfarnham as shown outlined in red on Indicative Drawing No. LA/18/12 to Mr. Niall Clarke, the developer of the residential development known as Glenmore Mews, together with a right of way over the area shown shaded in yellow on said Drawing, 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 dispose of the freehold interest in the plot outlined in red on the attached Indicative Drawing No. LA/18/12 having a nett area of 0.015 hectares.
  2. That the Council grant a right-of-way over the area coloured in yellow on the attached Indicative Drawing No. LA/18/12 to access three dwellings constructed in the rear garden of 638 Whitechurch Road, as per planning permission SD05A/1061.
  3. That the Applicant pay the consideration of €35,000 (thirty five thousand euro) plus VAT (if applicable) to the Council.
  4. That the access route that has been constructed is to the satisfaction of the Council's Roads Department.
  5. That ownership of the portion of the access road, the subject of the right-of-way, shall be retained by the Council.

      6.     That the Applicant pay the Council's Valuer's fees of €800 (eight hundred euro) plus VAT.

      7.     That the Applicant pay the Council's legal fees plus VAT and outlay.

      8.    That the Council's Law Agent will draft the necessary legal documents and shall include any further terms he deems appropriate in agreements of this nature.

      9.    That the disposal is subject to the necessary approvals and consents being obtained.

    10     That no agreement enforceable at law is created or intended to be created until such time as contracts have been exchanged.

The land being disposed of forms part of the lands acquired from Reps. of Percy Carey (deceased) in 1971 for housing and open space purposes.

D. McLoughlin

County Manager