Vol. 563 No. 4
226 Mr. Gormley asked the Minister for Finance the powers under which his Department granted a right of way in Bray, County Wicklow, from the roadway between Meath Road and Sidmonton Court to lands owned by a person (details supplied) when applications for such a right of way had previously been rejected by the local authority and by An Bord Pleanála; and if he will make a statement on the matter. [7914/03]
Unlike the roads and other open areas within the Sidmonton Court estate, the green area in question – between Meath Road and Sidmonton Court – was not taken in charge by the local authority after completion. The green area became vested in me, as Minister for Finance, under section 28 of the State Property Act 1954 upon the dissolution of Durkan Brothers Limited, later known as DB (Dublin) Limited, the company which developed Sidmonton Court estate.
It is the policy of my Department to give consideration to all applications for waivers of the State's interest in property vested in the State under the State Property Act 1954. In this case, an application was received for a waiver in respect of a small portion of the green area in question in order for the applicant to gain access to a site purchased by the applicant for the purposes of building a house. From a legal point of view, the Chief State Solicitor recommended that a right of way over the green area be granted in this case under section 31 of the State Property Act 1954. This was accepted by my Department and approved by the Government contracts committee.
