COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, July 14, 2014

HEADED ITEM NO.7(e)

Proposed disposal of plot of land adjacent to 35 Pearse Brothers Park, Ballyboden, Dublin 16 to Mr. John McDermott

 

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An application was received some time ago from Mr. John McDermott, 35 Pearse Brothers Park, Ballyboden, Dublin 16 to acquire a plot of Council owned land adjacent to the above property to facilitate the construction of a new house to the side of the existing family home. Mr. McDermott subsequently applied for planning permission for the construction of a house on the site with the consent of the Council. Planning permission was subsequently granted on 25/6/2009 for provision of an end of terrace two storey dwelling on the site. The applicant was not in a position to proceed with the acquisition of the site at that stage but has recently indicated that he wishes to pursue the matter.

 

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 dispose of the plot of land measuring 0.0095Ha or thereabouts adjacent to 35 Pearse Brothers Park, Ballyboden, Dublin 16 as shown outlined in red on the attached Drawing No. LA/24/07 (dated June 2014)to Mr. John McDermott, 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 subject plot is as shown outlined in red on the attached Drawing No. LA/24/07 (June 2014) having a net area of 0.0095 hectares.
  2. That the land is to be disposed of with full freehold title and vacant possession subject to a building licence agreement allowing the construction of a single dwelling and that planning permission is granted for such a dwelling.
  3. That following completion of development in compliance with any planning permission granted, the subject plot will be disposed of with full freehold title and vacant possession.
  4. That the Council disposes of the subject plot for the consideration of €20,000 (twenty thousand euro) plus VAT (if applicable) to be paid on the grant of the building licence.
  5. That the disposal shall be subject to any wayleave or requirements that An Bord Gais may have over the land.
  6. That the Council shall retain a wayleave to services that exist in the above land (if any).
  7. That the Applicant shall incorporate the area and any boundary feature constructed shall be in accordance with the Planning & Development and the Building Control legislation.
  8. That the Applicant shall pay the Council’s legal fees plus VAT and outlay.
  9. That the Applicant shall pay the Council’s Valuer’s fees of €1,200 plus VAT.
  10. That the transaction is completed within 3 months of the date of the Council’s approval of the disposal.
  11. That the Law Agent shall draft the necessary legal agreements 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.
  13. That the disposal is subject to the necessary approvals and consents being obtained.

The land being disposed of is part of lands acquired from W. White & C. Tobin in 1954 for housing purposes.

Chief Executive