COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF LUCAN / PALMERSTOWN / NORTH CLONDALKIN AREA COMMITTEE

Tuesday, March 28, 2023

MOTION NO. 18

MOTION: Councillor P. Gogarty

That the Chief Executive clarifies whether the entirety of all the public roads, footpaths and open space in Finnstown Abbey, Priory and Cloisters as indicated on Land Registry map as Folio DN67869F is a) legally in the charge of South Dublin County Council; and/or b) under the ownership of South Dublin County Council; and - in this last respect - further clarifies, if it is in Council ownership, whether there have been, or are currently any challenges to this ownership.

REPORT:

The Council is not the registered owners of the lands within Finnstown Abbey, Priory or Cloisters. However, the land has been dedicated to the Council via a Deed of Dedication by the developers, which was standard procedure for developments at that time.

These lands were taken in charge by the Council following the Deed of Dedication. Please note the taking in charge process is separate to a transfer of land process and does not necessarily involve a change in folio title. When a land transfer takes place then the folio title is registered in SDCC’s name.

In addition, the public open spaces are conditioned as open space though planning permission. Both the conditioning of land as public open space via planning permission and the Deed of Dedication confers a high degree of protection on the lands as public open space. All these open spaces are in charge and under the maintenance of the Public Realm Section and the Public Realm Section do not have any plans to alter the use of the public open spaces in the area.

The Roads and Footpaths are Taken in Charge as shown highlighted yellow on the TIC map which is attached to this response.  It was taken in Charge on the 1st May 2012.

I am not aware of any challenges of ownership of any of these areas by third parties.