COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, October 13, 2014

HEADED ITEM NO. 7(b)

 
Proposed disposal of plot of land adjacent to dwelling at ‘Suncroft’, Ballymount Road, Dublin 24


The Council at its meeting held on 9/6/2008 approved the disposal, by way of lease, of a plot of land adjacent to dwellings at “Suncroft”, Ballymount Road and 41 Dunmore Grove, Ballymount to the respective houseowners for incorporation into their gardens to alleviate a problem of alleged anti-social behaviour - Minute No. C/0263/08 refers.

The Council’s Law Agent prepared the necessary legal documentation for completion by the proposed purchasers but difficulties arose which resulted in neither of the parties completing the transfer. One party i.e. the owners of the property at “Suncroft” has recently indicated that she wishes to proceed with the acquisition of the plot, however the other houseowners have indicated that they are not in a position to complete the purchase.

The Council then proposed to offer the entire plot to the house owner in ‘Suncroft’ and both parties were informed of this proposal. The house owner at ‘Suncroft’ has opted to take a lease of the full plot for garden purposes only.

The matter was referred to the Council’s Chief Valuer for consideration and he has recommended the terms as set out hereunder, which he considers to be fair and reasonable and which have been accepted by the Applicant.

Accordingly, I recommend that the Council disposes by way of lease of an area measuring 0.024 hectares or thereabouts adjacent to ‘Suncroft’, Ballymount Road, Dublin 24 as shown outlined in red on Drawing No. LA/38/14 to Ms. Catherina Donnelly 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 Applicant shall pay the Council a capital premium of €2,000 (two thousand euro) and will be granted a lease in the above land for a term of 99 years subject to a nominal rent of €1 per annum, exclusive of all outgoings, with rent reviews every 5 years linked to the Consumer Price Index.
  2. That the subject plot is shown outlined in red on the attached Drawing No. LA/38/14 having a net area of 0.024 hectares or thereabouts.
  3. That the Applicant shall only use the above land for garden purposes.
  4. That the Council shall retain a wayleave to services (if any).
  5. That the Applicant shall incorporate the area into her existing garden and any boundary feature constructed shall be in accordance with the Planning & Development and the Building Control legislation.
  6. That the Applicant or successor in title shall not be permitted to include the plot in any planning application for planning permission.
  7. That the Applicant shall pay the Council’s legal fees plus VAT and outlay.
  8. That the Applicant shall pay the Council’s Valuer’s fees of €250 (two hundred and fifty euro) plus VAT.
  9. That the Council’s Law Agent shall draft the necessary legal agreements and shall include any further terms he deems appropriate in an agreement of this nature.
  10. That no agreement enforceable at law is created or intended to be created until the lease is signed by both parties.
  11. That the disposal is subject to the necessary approvals and consents being obtained.                                                                                                                                                                                                                          The lands being disposed of form part of lands acquired from Crampton Housing Ltd in 2000 for open space purposes.


    D. McLoughlin
    _____________________
    Chief Executive