Department of Education refused to sign land contract with Waterford Council 

Waterford City and County Council has had to remove a planning permission requirement for the Department of Education to get it to sign a contract for land purchased on its behalf.

Director of Services for Planning, Corporate, Culture, HR and IS, Ivan Grimes brought the amendment of a previous land disposal application before the January sitting of the Waterford City and County Council.

Mr Grimes said the council purchased the land on behalf of the department last year with a special condition for the department to apply for planning permission within 12 months of signing the contract.

But when it came time for the council to transfer the land, the department refused to sign.

“The Department of Education has indicated to us that they are not prepared to sign the transfer with that condition in it. It is standard for local authorities to CPO land for departments as departments do not have CPO powers. They said they are not required to meet such a condition from the local authority," he said.

“They have been advised by their legal advisors not to sign the contract unless we remove that condition. Therefore, we are proposing to reapprove the Section 183 without the condition in it. I would point out that we only purchased the land because of the Department of Education. We have no use for it,” added Mr Grimes.

Section 183 of the Local Government Act 2001 provides for the process of the disposal of land.

The previous 183 application went before Waterford City and County Council in July, 2024.

The land consists of three acres at Duckspool, Dungarvan and was purchased from S&K Careys by the local authority on behalf of the Department of Education in fee simple of €350,000.

On signing the contract, the department is to pay both sides' costs.

The amended Section 183 application was approved at this month's meeting.

It was proposed by Councillor Tom Cronin and seconded by Cllr Damien Geoghegan.