COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, June 08, 2015

MOTION NO.6

MOTION: Councillor C. Brophy

That this council carry out a review of the process used for the sale of small parcels of land to a local resident or business. This review should include creating a provision for the display of a sign, similar to that used in planning applications, to be erected by the applicant to allow local residents know of any application

REPORT:

Section 183 of the Local Government Act, 2001 prescribes the process, format and notification period of all proposed land disposals to the Members.  S 183 sets out (inter alia) :

183.—(1)       The following provisions have effect in relation to any proposed disposal       (not being by demise for a term not exceeding one year) of land which is       held by a local authority:
	(a)       notices shall be sent or delivered to the members of the local authority       giving particulars of—
	(i)       the land,
	(ii)       the name of the person from whom such land was acquired, if this can be       ascertained by reasonable inquiries,
	(iii)       the person to whom the land is to be disposed of,
	(iv)       the consideration proposed in respect of the disposal,
	(v)       any covenants, conditions or agreements to have effect in connection with       the disposal;
	(b)       at the first meeting of the local authority held after the expiration of       10 days after the day on which such notices are sent or delivered, the       local authority may resolve that the disposal shall not be carried out or       that it shall be carried out in accordance with terms specified in the       resolution;
	(c)       if the local authority resolves by virtue of paragraph (b)that the       disposal shall not be carried out, it shall not be carried out;
	(d)       if the local authority does not pass a resolution pursuant to paragraph       (b), the disposal may be carried out;
	(e)       if the local authority resolves by virtue of paragraph (b) that the       disposal shall be carried out in accordance with terms specified in the       resolution, the disposal may be carried out in accordance with those       terms;
	(f)       the disposal shall not be carried out otherwise than in accordance with        paragraph (d) or (e) and subject to the consent of the       Minister where consent is required under section211(2) of the Act of       2000.

Accordingly the notice must state :

• The particulars of the land
• The name of the person or entitity from whom the land was acquired originally
• The person to whom the land is to be disposed to
• The consideration in respect of the proposed disposal
• Any covenants, conditions or agreements to take effect with the disposal

The Members have a minumum 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 either resolve to dispose or not to dispose of the property concerned. If no resolution is passed the disposal "may be carried out".

The above statutory process does not provide for public notice/display as prescribed in the statutory planning process. The public signage suggested in the Motion may require an amendment to S 183.