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Advertiser: Sherry Fitzgerald
Medium: Internet (Third Party Website)
Codes:ASAI Code 6th Edition: 1.6(c), 2.9, 2.22, 2.24
An advertisement by Sherry Fitzgerald on daft.ie provided the following address as the location for the property they were selling:
“4 Bed House, Hamilton Park, Castleknock, Dublin 15”.
The complainant said that the advertising was misleading as the property in question was located outside the townland of Castleknock and was in fact located in Diswellstown.
The advertisers said that the property which was part of a larger development was advertised as being located in Castleknock because it was located in the Dublin suburb of Castleknock. They said that all of the existing older homes adjoining the development, North, South, East and West of Hamilton Park, were also situated in Castleknock. They said the development is located directly beside St. Patrick’s National School which is situated on Diswellstown Road, Castleknock, and the address has been verified as such by the Eircode system. The development is also 250m from Castleknock Community College which is also in Castleknock and located further from Castleknock Village than the Hamilton Park development.
The advertisers said that while the complainant had correctly identified the development as being situated in the townland of Diswellstown rather than Castleknock that there are numerous townlands within the barony / electoral district of Castleknock. They said that townlands do not necessarily dictate the address of a property and to the best of their knowledge there are over 20 townlands within the Barony of Castleknock.
The advertisers said that under the planning permission granted for the development by Fingal County Council, the naming of the development had been accepted by the Council. They also said that under the official Land Registry Folio the property was identified as being in the Townland of Diswellstown, in the Barony of Castleknock. The advertisers forwarded the Land Registry document which confirmed this fact.
The advertisers did not consider their advertising to be misleading.
Complaint Not Upheld.
The Complaints Committee considered the details of the complaint and the advertisers’ response. The Committee noted the following: the Ordnance Survey Ireland (the Irish State's National Mapping Agency) stated that the townland of Diswellstown is located within the Barony of Castleknock; An Post recognises the area as being located in Castleknock; the Land Registry Folio confirms that the development is situated in Castleknock and the County Council granted planning permission for the location of the Development as being Castleknock, the designation by Thom’s directory. Taking all these factors into account, the Committee considered that the advertisers had provided substantiation to support the location of the property. The Complaints Committee did not uphold the complaint.
No further action required in this case.