A report on how part of a park in Stillorgan, south Dublin, became the subject of a planning application for residential development has found that the local authority failed to follow through on a deed of dedication that would have protected the land.
The land, beside Merville and Stillorgan Heath and behind St Raphaela's Secondary School, was the subject of a land swap between Dún Laoghaire Rathdown County Council and the school. It was agreed to create a straight-line boundary between the school grounds and the public open space to replace an existing irregular boundary and to help ease maintenance of the areas.
A parcel of land, which was part of the public open space, was given to the school to be used as a new hockey pitch. In return, a separate parcel of land owned by the school was to be absorbed into the public open space.
Afterwards, the school's old hockey pitch was bought by a development company, Shannon Homes, and it lodged an application to develop it and included the parcel of land in the plan which was ceded to public open space by the school.
The report, prepared for the council by director of services Charles McNamara, found that the public open space was originally owned by Shannon Homes when it developed Stillorgan Heath but was dedicated to the council in 2000. However the council failed to complete the transaction.
"It is unfortunate that the Deed of Dedication in favour of the council in respect of the open space at Stillorgan Heath signed by Shannon Homes in February 2000 was not followed through," the report stated.
It recommended that a protocol regarding open space should be prepared and implemented by the local authority within three months and that a working group should be set up within the management team to prepare the protocol.
County manager Owen Keegan has said he will act on the recommendations.
Barry Saul, local PD representative, said it was vital that the council move to protect the larger open space area and to perfect any remaining issues with regard to securing its title.
"Any transfer of lands from council control to a third party should in future be brought before the elected members," he added.
John Dunne, chairman of the Stillorgan Heath Residents Association, welcomed the report and said he hoped it would lead to the resolution of the legal status of the wider open space in the area.
"Local residents everywhere need to be watchful of their open spaces and should not take them for granted," he said.
