COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF RATHFARNHAM/TEMPLEOGUE-TERENURE AREA COMMITTEE

Tuesday, March 08, 2016

MOTION NO.6

MOTION: Councillor A-M. Dermody

"That the Chief Executive explain why it is the case that the sale of the land on which Gaelscoil Chnoc Liamhna is currently located has still not  happened.  Please explain the CPO process, the typical time scale for such a process and explain what progress has been made with respect to Gaelscoil Chnoc Liamhna in the last say 5 years, 3 years,  1 year and the last 6 months to rectify the problem.  Please also explain what steps the Chief Executive intends taking to rectify the title issue going forward and the time frame involved.  I would ask that this matter remain as a headed item on each area committee meeting till the matter is resolved successfully and the title conveyed in full to the Department of Education."

REPORT:

"The Council agreed to dispose of this site to the Department of Education and Skills, to enable permanent school accommodation to be provided on the site. Difficulties arose in transferring good title to the overall site to the Department, as part of the old Knocklyon Road which traverses the site is unregistered title. The Council has endeavoured for several years to register title to this strip of land but the Property Registration Authority has rejected the application for first registration. As can be appreciated, until such time as the Council is registered to all of the land, the subject of this proposed disposal, the sale of the overall site cannot be advanced.

In the last 5 years the Council has through extensive legal advice applied to register for possessory title the lands of the old Knockylon Road. The Property Registration Authority has rejected this application.

In the last 3 years the possibility of acquiring title of the land by vesting order was investigated and again this avenue was unsuccessful.

In the last year our Solicitors have advised that the cleanest way to acquire title to the strip of land contained within the school boundary and directly outside the school gate is to initiate a CPO. The Council wrote to the Dept of Education & Skills to ascertain if they were happy to proceed with the CPO option & they indicated that they would be in favour of the CPO to rectify title issues.

In the last 6 months the Council has committed to commencing the CPO process and publishing the CPO by Easter 2016. Once published the CPO process should take in the region of 6-9 months once the legalities have been resolved.

The general procedures for making as Compulsory Purchase order are outlined below:-

Local Authority makes CPO (week 1)

Public Display period 6 weeks (week 1-6)

An Bord Pleanala 18 week objection period to determine the matter (weeks 7-19)

Estimated date of oral hearing if necessary – approx. 14 weeks after CPO made by Local Authority if there are any objections and or modified (week 14)

CPO confirmed by An Bord Pleanala – approx. 12 weeks from oral hearing (weeks 25)

Notice of the making of a Confirmation order – must be made within 12 weeks of the making of an order (weeks 24-37)

Period during which a judicial review can be sought – 8 weeks from notification (weeks 28-35)

Notice to treat – must be served within 18 months of confirmation of CPO

Notice of entry – must give at least 14 days notice of intention to enter on to land."