COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, November 10, 2014

HEADED ITEM NO. 8c)

 Proposed disposal of lands to the rear of 1 St. Fintan’s Terrace, Palmerston, Dublin 20 to Terence & Catherine Shaw

As part of the Palmerston Village Improvement Scheme which was carried out in 1999/2000, the Council’s Road Department undertook works which necessitated a restriction of traffic movements in the Kennelsfort Road area of Palmerston Village. To overcome access difficulties the Council provided a temporary exit road out of the village to the N4 inbound lane adjacent to St. Fintan’s Terrace.

Arising from the provision of the new temporary road, representations were received on behalf of Mr. Terence Shaw of 1 St. Fintan’s Terrace who operates a tree surgery/landscaping buisiness from a yard to the rear of his house, indicating that the traffic using the new exit road was creating difficulties for Mr. Shaw in accessing his yard with trucks, machinery etc. thereby undermining his business. However, a delay in proceeding with the Village Improvement Scheme could have resulted in a loss of grant monies to the Council and with a view to resolving the issue the Council’s Roads Department recommended the disposal of a small plot of Council owned land adjoining Mr. Shaws yard free of charge, which would have facilitated traffic to safely negotiate in and out of the yard.

The plot of land in question was incorporated into the Shaws property at the time to enable the scheme to go ahead but the legal transfer of title has yet to be finalised.

Accordingly, I recommend that the Council disposes of a plot of land measuring 0.0135 hectares or thereabouts to the rear of 1 St. Fintan’s Terrace, Palmerston, Dublin 20 as shown outlined in red on Drawing No. LA/06B/01 to Terence and Catherine Shaw 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:-

That the Council disposes of its freehold interest in the subject plot of land.

  1. That the subject plot is shown outlined in red on the attached Drawing No. LA/06B/01 having a net area of 0.0135 hectares or thereabouts.
  2. That the purchase price shall be €1.
  3. That the area coloured yellow on Drawing No. LA/06B/01 shall be retained by the Council as a wayleave and right-of-way to access and maintain services laid therein and no buildings to be erected thereon or deep rooted plants planted within the wayleave area. Manholes in the area to be kept accessible at all times.
  4. That each party shall be responsible for their own legal costs.
  5. 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.
  6. That no contract enforceable at law is created or intended to be created until such time as contracts have been exchanged.
  7. That the disposal is subject to the necessary approvals and consents being obtained.

The lands being disposed of form part of the lands acquired from Dublin Land Securities Limited in 1990 for road purposes.

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Chief Executive