Compulsory Acquisition of Land DONNYBROOK HILL PEDESTRIAN ENHANCEMENT SCHEME ACQUISITION ORDER NO.3 OF 2022

NOTICE OF THE MAKING OF A COMPULSORY PURCHASE ORDER UNDER AND FOR THE PURPOSES OF SECTION 76 OF AND THE THIRD SCHEDULE TO THE HOUSING ACT, 1966, AS AMENDED BY SECTION 198 OF THE RESIDENTIAL TENANCIES ACT 2004, AS EXTENDED BY SECTION 10 OF THE LOCAL GOVERNMENT (NO.2) ACT, 1960 SUBSTITUTED BY SECTION 86 OF THE HOUSING ACT, 1966, AS AMENDED BY SECTION 6 AND THE SECOND SCHEDULE TO THE ROADS ACT, 1993 AND AS AMENDED AND EXTENDED BY: THE PLANNING AND DEVELOPMENT ACTS, 2000-2021 (INCLUDING PART XIV, SECTION 213, SECTION 213(2) AND SECTION 222 THEREOF); LOCAL GOVERNMENT ACTS 1925-2019 INCLUDING SECTIONS 11 AND 184 OF THE LOCAL GOVERNMENT ACT, 2001; ROADS ACTS 1993-2015 AND PART XIV OF THE PLANNING AND DEVELOPMENT ACT, 2000 AND ALL OTHER ACTS, THEREBY ENABLING PUBLICATION  IN ACCORDANCE WITH ARTICLE 4(A) OF THE THIRD SCHEDULE TO THE HOUSING ACT, 1966 AS AMENDED.

 COMPULSORY ACQUISITION OF LAND

CORK CITY COUNCIL – DONNYBROOK HILL PEDESTRIAN ENHANCEMENT SCHEME ACQUISITION ORDER NO.3 OF 2022

Cork City Council (hereinafter referred to as “the local authority”) in exercise of the provisions of section 76 of the Housing Act,1966 and the third Schedule thereto, as amended by section 198 of the Residential Tenancies Act 2004, as extended by section 10 of the Local Government (No.2) Act, 1960 substituted by section 86 of the Housing Act, 1966, as amended by section 6 and the second Schedule to the Roads Act, 1993 and as amended and extended by The Planning and Development Acts, 2000-2021(including Part XIV, Section 213, Section 213(2) and Section 222 thereof); Local Government Acts 1925-2019 including sections 11 and 184 of the Local Government Act, 2001; Roads Acts 1993-2015 and Part XIV of the Planning and Development Act, 2000 and all other Acts, has made an order entitled as above which is about to be submitted to An Bord Pleanala for confirmation. If confirmed, the order will authorise the local authority to acquire compulsorily the lands described in the Schedule Part 1 hereto together with any easement, wayleave, water- right or other right over or in respect of the said lands or water or any sub-stratum of the said lands for the purposes of performing its functions under the Planning and Development Act, 2000 including giving effect to and facilitating the implementation of the City Development Plan. The order will also authorise the local authority to temporarily acquire the lands described in the Schedule Part 11 pending the completion of the works.

Owners, lessees and occupiers of the lands described in the Schedule Part 1 and Part 11 will receive individual written notice.

The Board cannot confirm –

             a compulsory purchase order in respect of the land if an objection is made in respect of the acquisition by an owner, lessee or occupier of the land and not withdrawn, until it has caused to be held an oral hearing into the matter and until it has considered the objection and the report of the person who has held the oral hearing.

A copy of the order and of the map referred to in it may be seen between the hours of 9am to 5pm on working days between the 6th of October 2022 and the 24th of November 2022 at the reception desk of Cork City Council, City Hall, Cork.

SCHEDULE

PART 1

 The lands to which the Order relates are described as follows: -

Schedule Numbers 1, 2, 3(A), 4(A), 5(A), 6, 7(A), 8, 9, 11, 12, 13, 14(A), 15(A)

1. Starting at a point at the northern side of the entrance road off Donnybrook Hill to Ballybrack Heights, thence in a south westerly direction for approximately 22 meters across the said entrance road to a point on the southern side of the entrance road, thence in a curved north easterly direction for approximately 8 meters along the boundary of the public footpath and green space at Ballybrack Heights, thence in a northerly direction for approximately 11 meters across the public road at Ballybrack Heights, thence in a curved north westerly direction for approximately 9 meters to a point in the public green space and returning to the starting point in a westerly direction for 1 metre.
2. Starting at a point approximately 10.5 metres south of the north eastern corner of the property 8 Kingslea, thence in westerly direction for approximately 7 meters to a point on the public roadway, thence in a south westerly direction for approximately 76 meters along the L2464, thence in a south easterly direction for 3.5 metres to a point on the boundary of the property “Glencove”, thence in a south westerly direction for 61 meters along the boundary of “Glencove and the crossing of the Douglas River channel , thence in a north westerly direction for 6 metres across the L2464, thence in a south westerly direction for 8.5 metres along the L2464, thence in a westerly direction for 6 metres to the boundary of the Donnybrook Commercial Centre, thence in a north easterly direction for 65 metres along the boundary of Donnybrook Commercial Centre and public open green space, thence in a north westerly direction for 3.5 metres to the south western corner of 9 Kingslea and returning to the starting point in a north easterly direction for 70 metres along the boundaries of 8 and 9 Kingslea.

3(A). Starting at a point at the north-western corner of the property “Glencove”, thence in a south easterly direction for approximately 2 metres along the boundary of “Glencove”, thence in a south westerly direction for 24 metres across the entrance and garden of “Glencove” to a point on the boundary with the public road and returning to the starting point in a north easterly direction along the boundary with the public roadway.

4(A). Starting at a point at the southern corner of public open green space where it meets the eastern corner of Donnybrook Commercial Cemtre, thence in a northerly direction for 1.8 metres along the boundary of Donnybrook Comercial Centre, thence in a north easterly direction for 33 metres through the public open green space, thence in a southerly direction for 2 metres to the edge of the public road and returning to the starting point in a south westerly direction along the edge of the public road for 33 metres.

5(A). Starting at a point at the eastern corner of Donnybrook Commercial Centre where it meets the public road, thence in a south westerly direction along the boundary of Donnybrook Commercial Centre for approximately 11.3 metres, thence in a north easterly direction through Donnybrook Commercial Centre for 12.3 metres approximately to a point on the eastern boundary with public open green space and returning to the starting point in a southerly direction for 2 metres along said boundary.

6. Starting at a point at the edge of the L2464 near the north western end of Donnybrook service station forecourt, thence in a south westerly direction for 46 meters along the L2464 to a point near the south western edge of Donnybrook Service Station forecourt, thence in a north westerly direction for 5 meters to the centre of the public roadway, thence in a north easterly direction for 46 meters along the centre of the public roadway and returning to the starting point in a south easterly direction for 3.5 metres.

7(A). Starting at a point at the centre of the L2464 at the north western end of Donnybrook Service Station, thence in a south westerly direction for 56 meters along the centre of the public roadway, thence in westerly direction for 5 meters to the north eastern corner of 1 Donnybrook Terrace, thence in a northerly direction for 1 meter along the boundary of the entrance to Donnybrook Commercial Centre, thence in a north westerly direction for 1 meter along said boundary, thence in a northerly direction for 54 metres across the entrance and along the boundary of Donnybrook Commercial Centre and returning to the starting point in an easterly direction for 5.5 metres.

8. Starting at a point at the north-western end of The Donnybrook Service Station forecourt, thence in a south westerly direction for 37 metres along the boundary of the Donnybrook Service Station forecourt, thence in a north easterly direction for 37 metres along the public roadway and returning to the starting point in a south easterly direction for 5.5 metres.

Starting at a point at the south western corner of Donnybrook Service Station forecourt, thence in a south westerly direction for 10 metres along the edge of the public roadway, thence in an easterly direction for 7 metres to the southern edge of the entrance to Ballybrack walkway, thence in a northerly direction for 6 meters across the entrance to Ballybrack walkway to the boundary of Donnybrook Service Station forecourt and returning to the starting point in a curved easterly direction for 4 metres along the boundary of Donnybrook Service Station forecourt.

9. Starting at a point at the southern edge of the entrance to Ballybrack walkway, thence in a south easterly direction for 11 metres along the boundary of green space and part of 1 Donnybrook Cottages, thence in a south westerly direction for 7 metres to the north eastern corner of the forecourt of Hill House, thence in a westerly direction for 10.5 metres across the northern boundary of the forecourt of Hill House to its boundary with the public road, thence in a north easterly direction for 12 metres along the edge of the public road and returning to the starting point in an easterly direction for 7 metres.

11. Starting at a point on the southern boundary of 5 Donnybrook Terrace, thence in an easterly direction for 5 metres along said boundary to a point on the public road, thence in a southerly direction for 55 meters along the public roadway, thence in a westerly direction for 11.5 meters to the edge of the public roadway, thence in a north easterly direction for 15 metres along the edge of the public roadway to the south western corner of “Oakleigh” and returning to the starting point in a northerly direction for 43 metres along the boundary of “Oakleigh” and the entrance to 6,7 & 8 Donnybrook Terrace.

12. Starting at a point at the entrance to Donnybrook House, thence in an easterly direction for 19 meters to the centre of the L2464, thence in a southerly direction for 24 metres along the centre of the L2464, thence in a curved north westerly direction along the public roadway at the entrance to Bromley Park and returning to the starting point in a north westerly direction for 13.5 metres across the public roadway at Bromley Park and the entrance area to Donnybrook House.

13. Starting at a point at the north eastern corner of 1 Donnybrook Terrace, thence in an easterly direction for 5 meters to the centre of the public roadway, thence in a north easterly direction for 9 meters along the centre of  the public roadway, thence in a south easterly direction for 5 meters to the edge of the public roadway, thence in a south westerly direction for 20 metres to the north western corner of the forecourt to Hill House, thence in a southerly direction for 60 metres along the boundary of Hill House, thence in a south easterly direction along the boundary of 1 Calderwood Road to its south eastern corner, thence in a southerly direction for 11 metres across Calderwood Road to the north eastern corner of 2 Calderwood Road, thence in a westerly direction for 13 metres to the north western corner of 2 Calderwood Road, thence in a southerly direction along the eastern boundary of the L2464 with residential properties to a point 30 metres south of the north western corner of “Whitegates”, thence in a westerly direction for 14 metres across the L2464 to the western edge of the public roadway, thence in a northerly direction along the western boundary of the L2464 with residential properties to a point on the edge of the public roadway at the entrance to Bromley Park, thence following a line in an easterly, northerly, westerly and northerly direction to a point on the public road 2 metres from the south eastern corner of 5 Donnybrook Terrace, thence in a westerly direction for 2 metres to the south eastern corner of 5 Donnybrook Cottages and returning to the starting point in a northerly direction along the boundary of Donnybrook Terrace.

14(A). Starting at a point at the edge of the public roadway where it narrows at the southern end of  the entrance area to Bromley Park, thence in southerly direction for 18 metres along the western boundary of the public roadway to the north eastern corner of the property “Deans Oak”, thence in a westerly direction for 2 meters along the northern boundary of the property “Deans Oak”, thence in a northerly direction for 18 meters through the vacant land adjacent to 80 Bromley Park and returning to the starting point for 1.2 metres approximately in an easterly direction.

15(A). Starting at a point at the north eastern corner of the property “Deans Oak”, thence in a southerly direction for 24 metres along the eastern boundary of  “Deans Oak”, thence in a westerly direction for approximately 2 metres along the southern boundary of “Deans Oak”, thence in a northerly direction for 24 metres approximately through the front garden and entrance area to the northern boundary of “Deans Oak” and returning to the starting point in an easterly direction for 2 metres approximately along the northern boundary of “Deans Oak”.

 PART II

Schedule Numbers 3(B), 4(B), 5(B), 7(B), 10, 14(B), 15(B).

3(B). Starting at a point at the north western corner of the property “Glencove” where it meets the public roadway,  thence in a south westerly direction for approximately 28 meters in a line through the front garden and entrances at “Glencove”, thence in a westerly direction for 2 metres approximately to the boundary of “Glencove” with the public roadway, thence in a north easterly direction for 4 metres approximately along the boundary of “Glencove”, thence in a north easterly direction for 24 metres approximately in a line through the front garden and entrances of “Glencove” to a point where the north eastern boundary borders the public roadway and returning to the starting point in a south easterly direction for 2 metres approximately along the boundary of “Glencove”.

4(B). Starting at a point on the north eastern boundary of Donnybrook Commercial Centre 2 metres north west of its eastern corner, thence in a north westerly direction for 3.5 metres along the boundary of Donnybrook Commercial Centre, thence in a north easterly direction for 33 metres through public open green space to the south western boundary of 9 Kingslea, thence in a south easterly direction for 3.5 metres to the edge of the public roadway and returning to the starting point in a south westerly direction for 33 metres along the edge of the public open green space.

5(B). Starting at a point on the eastern boundary of Donnybrook Commercial Centre approximately 2 metres northwest of its eastern corner, thence in a south westerly line for 12.5 metres approximately through the Donnybrook Commercial Centre to a point where it meets the boundary with the public roadway, thence in in a north easterly direction for 11.5 metres along the boundary of the Donnybrook Commercial Centre to its eastern corner and returning to the starting point in a north western direction for 2 metres.

7(B). Starting at a point at the north eastern corner of the splayed entrance boundary to Donnybrook Commercial Centre, thence in a south westerly direction for 19 metres across the said entrance to a point on the southern splayed entrance boundary, thence in a north westerly direction for 4 metres to the southern side of the entrance gate to the Centre, thence in a northerly direction for 7 metres to the northern side of the entrance gate and returning to the starting point for 11 metres approximately along the splayed entrance boundary to the Centre.

10. Starting at a point at the south-eastern corner of the property “Boulevard Interiors”, Oakleigh, thence in an easterly direction for 2.5 metres approximately, thence in a southerly direction for 2.5 metres approximately, thence in a westerly direction for 2.5 metres approximately and returning to the starting point in a northerly direction for 2.5 metres approximately.

Starting at a point at the southeast corner of the property “Puerto Banus Nail Bar”, Oakleigh, thence in an easterly direction for 3 metres approximately, thence in a southerly direction for 2.5 metres approximately, thence in a westerly direction for 3 metres approximately and returning to the starting point in a northerly direction for 2.5 metres approximately.

Starting at a point at the southeast corner of the property “Artisan Hair Studio”, Oakleigh, thence in an easterly direction for 4.5 metres approximately, thence in a south westerly direction for 18 metres, thence in a westerly direction for 7.5 metres to the entrance of Donnybrook House, thence in a northerly direction for 2 metres along the entrance to Donnybrook House, thence in an easterly direction for 6 metres, thence in a north easterly direction for 13 meters approximately, thence in a westerly direction for 2 metres and returning to the starting point in a northerly direction for 2.5 metres approximately.

14(B). Starting at a point at the southern end of the public open green space at the entrance to Bromley Park approx. 1 metres west of the edge of the existing public footpath, thence in an easterly direction along the boundary of vacant land for 6 metres , thence in a southerly direction for 18.5 meters approximately through the vacant land to the northern boundary of “Deans Oak”, thence in a westerly direction for  5.5 meters approximately along the northern boundary of  “Deans Oak” and returning to the starting point in a northerly direction through the vacant land for 21 metres approximately.

15(B). Starting at a point at the north eastern corner of  “Chatsworth” on the boundary with “Deans Oak”, thence in a westerly direction along said boundary for 24 metres, thence in a northerly direction for 11.5 metres through the property “Deans Oak”, thence in a north easterly direction to the edge of the existing building at “Deans Oak and following in a line along the edge of the building to a point 2.5 metres north of its south eastern corner, thence in a north easterly direction for 6 metres through the garden at “Deans Oak”, thence in a northerly direction for 7 metres through the garden at “Deans Oak” to its northern boundary with vacant land, thence in an easterly direction for 6 metres along said boundary and returning to the starting point in a southerly direction for 24.5 metres approximately through the front garden at “Deans Oak".

Dated this 6th day of October 2022

Ann Doherty

Chief Executive