COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF RATHFARNHAM/TEMPLEOGUE-TERENURE AREA COMMITTEE
Tuesday, May 12, 2015
QUESTION NO. 1
QUESTION: Councillor D. Looney
"To ask the Chief Executive for a full report on the disposal of land at 14 Rushbrook Crescent, which took place at the October 2014 Council meeting; to ask if the disposal was intended to facilitate development at the site - and if so, why were Councillors not informed of this; to ask if Councillors voting on the disposal were briefed on the planning history at the site; and to make a statement on the matter?"
REPLY:
The owners of 14 Rushbrook Crescent contacted the Council in June 2009 to seek to acquire a small plot of land to facilitate the straightening of a boundary wall and incorporate said plot into their garden. The request was forwarded to the relevant departments for their reports on the matter as well as Bord Gais and ESB Networks. Once the reports were received with conditions pertaining to the disposal the Valuer's Office was instructed to proceed with preparing a valuation on the plot.
A S183 was then prepared, taking account of the conditionality imposed by the various departments, namely that:-
- The area 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.
- The applicants shall incorporate the area into their existing garden and any boundary feature constructed shall be in accordance with the Planning & Development and building control legislation. In particular, the depth of 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.
Members have a minimum of ten days to review such proposals to dispose and make any enquiries if they so wish. The decision to dispose is a reserved function of the Council and the Members at their discretion may resolve to dispose or not to dispose of the property concerned. If no resolution is passed then the disposal 'may be carried out'. The S183 was considered at the October 2014 Council meeting and the Members agreed to dispose of the plot as documented in the minutes (attached).
As stated above the intention of the disposal was to regularise the boundary of 14 Rushbrook Crescent, however, that does not preclude the owners from applying for planning permission on the site. The planning process and the disposal process are two seperate statutory functions and it is particularly important to note that any planning application cannot be pre-judged but must be considered on its merits.