*New Quay.
“DOES ANYBODY understand it,” were the remarks of Cllr Shane Talty (FF) as North Clare councillors discussed a shared-ownership loan applied to a property in New Quay.
At this month’s sitting of the West Clare Municipal District, elected members approved a Section 183 for the disposal of a property in Curranroo in New Quay.
Section 183 Selling Council lands is an important reserved function of elected members, the prevailing location for which is Section 183 of the Local Government Act 2001. Although typically routine in character, it is a process which ensures transparency, propriety and, ultimately, democratic oversight of the disposal of council assets. Land and related rights in Council possession are, in effect, held in trust for the public.
Land disposal can embrace more than the transfer of real property. It may also include the disposal of way leaves and easements. It is used very frequently to complete the freehold transfer of a property on which the Council may have a lien but no ownership in a practical sense. Most often this means the final transfer to freehold of a house which has been purchased by its tenants or residents from the Council.
When the Curranroo property in New Quay came before elected members this month under a Section 183 notice, Cathaoirleach of the West Clare MD, Cllr Bill Slattery (FG) asked, “Does anybody know anything about it” to which Cllr Talty replied, “Does anybody understand it”.
Staff officer in the housing department of Clare County Council, Frances Clair explained to councillors that the item was a Section 183 and the tenant in the property “was subject to a shared ownership loan, the property is registered to Clare County Council until the loan is redeemed in full. We have to get permission from yourselves and it then goes before the full Council to dispose of property to transfer from Clare County Council to her name”.
Cllr Talty questioned if the agreement had been honoured and the loan paid back to which Clair confirmed, “the loan is paid back, there is equity and part of the deal is that it won’t be transferred”.
Clarity was sought by Cllr Joe Killeen (FF) on whether the original loan was paid. The tenant “has been paying it back since, she hasn’t the means to pay in full until the transfer is completed,” Frances advised.
Future uses of the property were queried by Cllr Ian Lynch (IND), “will it stay in long-term residential”. Council officials “don’t have access to the information on that,” Ms Clair outlined. “I don’t know who is a potential buyer in this case, we haven’t been given that info by the solicitor”. Cllr Killeen asked, “can we insist on that” with Cllr Lynch adding, “it is probably too late but going forward we should ask for that, we’ve said for ten year residential”.
Elected members were told the property “has been operated as a private dwelling” and that shared ownership loans were no longer distributed. “It is a private sale, I don’t see how we could dictate terms of it, I doubt we have a remit outside of it,” Cllr Talty commented.
Proposing the approval of the Section 183, Cllr Joe Garrihy (FG) stated, “It has been debated, so long as we got our money back and equity is part of the closing for the sale”. This was seconded by Cllr Dinny Gould (IND).
