COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF LUCAN AREA COMMITTEE

Tuesday, March 25, 2014

MOTION NO. 17

MOTION: Councillor W. Lavelle

"That this Area Committee, further to discussion at the February meeting, requests the Manager to proceed to take-in-charge those open spaces at Ash Park estate which have been offered for transfer by the developer."

REPORT:

1. The following report was presented to the December 2013  Lucan Area Committee meeting;

Following on from a meeting with the developer of Ash Park estate on the 23rd October 2013 the files relating to this estate have been examined. The estate has been developed for over 12 years. The open spaces have not yet been transferred to the Council for Taking in Charge.

The Council cannot take the open spaces into charge because an area of open space adjoining 36 Ash Park and clearly outlined as open space on the application for development in S99A/0019 is now fenced off and the land transferred to the adjoining owner in 36 Ash Park. Therefore the developer has failed to secure the open space conditioned through S99A/0019 in particular.

The developer also previously made applications to construct a house on this area of land as well as on a similar area at 5 Ash Park. The application for houses on both sites were refused by the Council.

A further meeting will be arranged with the developer.

2. A further report as follows was presented to the February 2014 Lucan ACM meeting as follows:

As outlined at the meeting the developer has allowed a section of open space shown on the original planning application as open space to be disposed of to a private individual.  A further meeting is being arranged with the developer of Ash Park to resolve the issues outlined above and that may allow for the taking in charge of the estate by the Council.

3. Since that meeting the advice of the Law Agent has been requested to inform future advancement of this Taking in Charge issue.  The Elected Members will be informed of progress on the matter.