COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, March 10, 2014

HEADED ITEM NO. 7f)

Proposed disposal of plot of land to the rear of 70 Castle Park, Tallaght, Dublin 24 to Mr. Declan Broderick and Mrs. Natasha Broderick

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The owners of the property at 70 Castle Park, Tallaght, Mr. Declan Broderick and Mrs. Natasha Broderick applied to the Council to acquire a portion of a Council owned laneway to the rear of their property for incorporation into their existing garden.  The Council at its meeting held on 10th February 2014 approved the extinguishment of the public right of way over the portion of the laneway to the rear of 69 and 70 Castle Park.

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 Applicants.

Accordingly, I now recommend that the Council dispose of the plot of land measuring 0.0008 hectares or thereabouts to the rear of 70 Castle Park, Tallaght, Dublin 24 as shown outlined in red on the attached Drawing No. LA/37/12 to the respective houseowners, Mr. Declan Broderick and Mrs. Natasha Broderick, 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 subject plot for the consideration of €100 (one hundred euro) plus VAT (if applicable).
  2. That the subject plot is shown outlined in red on the attached Drawing No. LA/37/12 having a net area of 0.0008 hectares.
  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, if necessary, any right of way over the subject plot will be extinguished by the Council.
  6. That the Applicants hold the freehold or equivalent interest in No. 70 Castle Park, Tallaght, Dublin 24.
  7. That the Applicants shall incorporate the area and any boundary feature constructed shall be in accordance with the Planning and Development and the Building Control legislation.
  8. That the Applicants shall pay Valuer's fees of €125 plus VAT.
  9. That the Applicants shall pay the Council's legal fees plus VAT and outlay.
  10. That the transaction is completed within 3 months of the date of the Council's approval of the disposal.
  11. That the County Solicitor shall draft the necessary legal documents and shall include any further terms he deems appropriate in Agreements of this nature.
  12. That no contract 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 Siobhan O' Dea in 1964 for housing and open space purposes.

 D. McLoughlin

County Manager