As background we are the owner occupiers of 3 Station Street that is located to the south-west of 32-32a Rathmines Road. Our property is bound to the north by a private laneway that we have maintained with our neighbors agreement (that is the owner/occupiers of those properties directly adjoining the north side of this private laneway) since November 1989. Our maintenance has included routine mowing and weeding as well as fencing and building retaining walls, all at our expense. We have been very active in obtaining assistance from the Council in replacing/maintaining a locked bollard at the east end of this private laneway to restrict use by unauthorized vehicles; even drivers of Council vehicles wanting access to the Victoria Reserve use alternate access routes and by-pass using this private laneway altogether. Thus we have a vested interest in maintaining the status quo of this private laneway.
Having reviewed The Application we wish to submit the following objection:
1. Through out The Application there is reference to the private laneway that runs along the northern boundary of our property (3 Station Street) as being a "Right of Way, South West of Site" (refer to proposed perspectives 24 of 27). This is an incorrect label as this is a private laneway and is NOT for use by vehicles other than those of owner/occupiers of adjoining properties of which 32-32a Rathmines Road is NOT one. The Council has indeed install a bollard to stop public vehicles using this private laneway. Council Bye-Law Officers will be contacted should this occur.
2. No permission will be given for the use of this private laneway by construction vehicles or private vehicles used by construction staff should this application proceed. Previous attempts to use this private laneway by large vehicles has resulted in damage to our property fence line and shed. Council Bye-Law Officers will be contacted should this occur.
3. No permission will be given for the use of this private laneway for the storage and/or delivery of any construction materials. Council Bye-Law Officers will be contacted should this occur.
4. No undertaking should be made or inferred either in writing or stated verbally by the owners or agents of 32-32a Rathmines Road that future tenants/owner occupiers of the new dwellings at 32-32a Rathmines Road have any right of way for any form of vehicle of this private laneway other than for reasonable and orderly pedestrian traffic. Council Bye-Law Officers will be contacted should this be breached.
We reserve the right to submit further concerns and objections to The Application should they be identified.
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