COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, May 11, 2015

HEADED ITEM NO H7(b)

To:   Each Member of South Dublin County Council

 

Proposed disposal of freehold interest in plot of land adjacent to 8A Riverside Cottages, Templeogue, Dublin 6W

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Houseowners Michael & Carolyn Fagan obtained possessory title to lands adjacent to their dwelling at 8A Riverside Cottages, Templeogue, Dublin 6W in a judgement delivered by the Circuit Court in 2009. It later emerged that they incorporated an additional area of Council owned land within their boundary over and above that awarded to them under the Circuit Court proceedings. In order to regularise the boundary, the houseowners have now applied to purchase this additional plot of land.

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 Applicants.

Accordingly, I now recommend that the Council disposes of its freehold interest in an area of land measuring 0.02 hectares or thereabouts adjacent to 8A Riverside Cottages, Templeogue, Dublin 6W as shown outlined in red on the attached Drawing No. LA/02/15 to the respective houseowners , Michael & Carolyn Fagan, 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 comprises an area of 0.2 hectares or thereabouts and is shown outlined in red on attached Drawing No. LA/02/15. 

      2. That the Council disposes of the subject plot for the consideration of €6,100 (six thousand one hundred euro) plus VAT (if applicable).          

      3. That the land is disposed of with full freehold title and vacant possession.          

      4. That the Applicants hold the freehold or equivalent interest in 8A Riverside Cottages.          

      5. That the Applicants will 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.          

      6. That the Applicants shall pay Valuer’s fees of €250 (two hundred and fifty euro) plus VAT.

      7. That the Applicants shall pay the Council’s legal fees.

      8. That the Law Agent shall draft the necessary legal agreements and shall include any further terms he deems appropriate in Agreements of this nature.

      9. That no contract enforceable at Law is created or intended to be created until such time as contracts have been exchanged.  

     10.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 City Council (formerly Dublin Corporation) in 1997 under the Scheme of Transfer of Lands pursuant to the Local Government (Dublin) Act, 1993.

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Chief Executive