COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF LUCAN / PALMERSTOWN / NORTH CLONDALKIN AREA COMMITTEE

Tuesday, March 26, 2024

MOTION NO.22

MOTION: Councillor Joanna Tuffy

That the CEO set out in a detailed report that can be discussed by the Committee about exactly what is required in terms of compliance with Planning Permission for the Brookvale estate before the Council, on request of the developer, can take in charge the open space at Brookvale, Lucan, and that the CEO explains to the ACM its options under legislation in the event that the developer does not formally request the taking in charge, including the possibility of holding a plebiscite of qualified electors under section 180 of the Planning and Development Act 2000.

REPORT:

 The main elements of Brookvale estate have been Taken in Charge by SDCC for some considerable time.  These elements include the vehicular access roads, the public lighting, the footpaths, street trees and the underground services like the foul sewers, storm drainage and watermains.

The Roads and footpaths of the estate are Taken in Charge under the provisions of Section 11 of the Roads Act 1993.

The Green Space and underground utilities would be Taken in Charge under section 180 of the Planning and Development Act, 2000. 

It would appear that the upper section of Green Space to the east of the Brookvale estate is in the Charge of SDCC. However, the lower section of the Green Space has some legal paperwork to complete.  A deed of dedication process has not been completed for the lower section as it stands. There is a steep path with steps on this section joining the

When SDCC has checked the legal details thoroughly, a further update can be provided to the members.