COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, July 10, 2017

QUESTION NO. 3

QUESTION: Councillor E. Fanning

To ask the Chief Executive to provide an update on the way all valuations of plots of land/sites will be presented to Councillors as agreed at the Council meeting of May 8th 2017.

REPLY:

Set out below is the Minute from the May Council meeting in this regard. The further advice outlined has been requested and it is proposed that the completed advices, when available, will be brought to the O & P & F Committee for further consideration.

"M3/0517       LAND DISPOSAL

                      It was proposed by Councillor E. Fanning and seconded by Councillor C. King.

 

“This Council requests that the Chief Executive ensures that before any plots of land/sites are presented to this Council for disposal, two valuations for that plot of land/site should be presented to Councillors:

(a) A valuation for the plot of land/site as existing &

(b) A valuation for the plot of land/site after any potential development, where clearly feasible.”

 

REPORT:

In disposing of land Local Authorities are required to obtain the "best reasonably obtainable" price or rent. (S211 Planning and Development Act 2000). Under S 183 of the Local Government Act 2001 the S 183 notice to members shall set out:

(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;

 

In accordance with the above requirements the valuation given to members is a market valuation, incorporating any potential development options, where same exist. This is arrived at by the Councils professional Valuer following analysis of the site proposed for disposal.

In accordance with S183 this is the valuation, (consideration), presented to the members as part of the terms and conditions which the members must consider. The members may then resolve to carry out/not carry out the disposal in accordance with those terms. However, if the local authority does not pass a resolution the disposal may be carried out in accordance with those terms.

A discussion followed with contributions from Councillors E. Fanning, E. O’Brien and S. Holland.

Mr. F. Nevin, Director of Economic, Enterprise and Tourism Development responded to the Members queries.

A vote was taken by a show of hands vote and the result was as follows:

FOR:                          16 (SIXTEEN)

AGAINST:                 8 (EIGHT)

ABSTAINED:            0 (ZERO)

The Report was NOTED.

Following the result of the Vote Mr F Nevin indicated that further advice would be required on the issues raised in the report before the proposals in the Motion could be implemented. He undertook to report back to the members in this regard as soon as possible."