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. H7(c)

Proposed disposal of plot of land to rear of 14 Rushbrook Crescent,Templeogue, Dublin 6W to Tom and Kathy McCarthy          

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The owners of the property at 14 Rushbrook Crescent, Templeogue, Dublin 6W, Tom and Kathy McCarthy applied to the Council to acquire a plot of Council owned land to the rear of their property, for incorporation into their garden.

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 Applicants.

Accordingly, I recommend that the Council disposes of an area measuring 0.0022 hectares or thereabouts to the rear of 14 Rushbrook Crescent, Templeogue, Dublin 6W as shown outlined in red on Drawing No. LA/41/14 to Tom and Kathy McCarthy 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 disposes of the subject plot for the consideration of €5,500 (five thousand, five hundred euro) plus VAT (if applicable).
  2. That the subject plot is shown outlined in red on the attached Drawing No. LA/41/14 having a net area of 0.0022 hectares or thereabouts.
  3. That the land is disposed of with full freehold title and vacant possession subject to Clause 4 hereunder.
  4. That the area coloured yellow on Drawing No. LA/41/14 shall be retained by the Council as a wayleave to access adjoining services. No permanent structure or deep rooted planting to be provided in this area.
  5. That the Applicants hold the freehold or equivalent interest in the adjoining property at 14 Rushbrook Crescent.
  6. That the Applicants shall incorporate the area into their existing garden and any boundary feature constructed shall be in accordance with the Planning & Development and the Building Control legislation. In particular, the depth of the foundations of the proposed boundary wall shall be at a depth so as to transfer the loading of the proposed wall to below the invert level of the adjacent public surface water sewer.The Council’s Park Superintendent has recommended that the wall be constructed to a height of 1.8m and be of solid block laid on the flat suitably rendered and with an in-situ concrete capping. Contact is to be made with the Parks Superintendent one month prior to work commencing on the wall.
  7. That the Applicants shall pay the Council’s legal fees plus VAT and outlay.
  8. That the Applicants shall pay the Council’s Valuer’s fees of €800 (eight hundred euro) plus VAT.
  9. That the transaction is completed within 3 months of the date of the Council’s approval of the disposal.
  10. 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.
  11. That no contract enforceable at law is created or intended to be created until such time as contracts have been exchanged.
  12. That the disposal is subject to the necessary approvals and consents being obtained.

The lands being disposed of form part of lands acquired from Gallagher Group Properties Ltd in 1979 for open space purposes.

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Chief Executive