COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, October 08, 2007

HEADED ITEM NO.8(d)

PROPOSED DISPOSAL OF PROPERTIES/SITES

Development Department,

County Hall,

Town Centre,

Tallaght, Dublin 24.

28 th September 2007

TO: EACH MEMBER OF SOUTH DUBLIN COUNTY COUNCIL

LD 1017

Re: Proposed disposal of Air Rights over Luas Track at Cookstown Way, Tallaght Town Centre, Dublin 24 to Dez Developments.

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The Council at its meetings held on 9th June 2003 and 14th March, 2005 approved of the disposal of three strips of land at Cookstown Way, Tallaght, Dublin 24. Minute No’s C/0573/03 & C/0200/05 refer. The lands disposed of were to be incorporated into an adjoining larger site which had been acquired separately by the developers. The LUAS Rail track runs through the southern end of the overall site, thus cutting of a small portion of the site from the main area. DEZ Developments subsequently obtained planning permission for a development on the overall site which included the construction of buildings to bridge the LUAS track and facilitate the development of the site on either side of the track. A portion of the Luas Track runs through lands in the ownership of the Council and the area required for the track is to be leased to the Railway Procurement Agency. However, the Council has retained the air rights over this portion of the track and the Council’s Valuer was instructed to negotiate terms with DEZ Developments for the disposal of the portion of the Council’s air rights required for their development.

The Council’s Valuer has now recommended terms for the disposal of the air rights over the area shown hatched in blue on Indicative Drawing No LD 1017, which he considers to be fair and reasonable and which have been accepted by the applicants.

I recommend therefore that the Council dispose of the air rights over the strip of land at Cookstown Way as shown hatched in blue on Indicative Drawing No. LD 1017 to DEZ Developments, 29 Fleet Street, Temple Bar, Dublin 2 in accordance with Section 211 of the Planning and Development Act 2000 and subject to the provisions of Section 183 of the Local Government Act 2001, subject to the following terms and conditions:

1. That the Council dispose of the air rights over the subject plot for the consideration of €1,000,000 (one million euro).

2. That the consideration is payable in full within seven days of the date of receipt of the statutory approval of the Council.

3. That each party shall be responsible for their own fees in this matter.

4. No agreement enforceable at law is created or intended to be created until exchange of contracts has taken place.

5. The County Solicitor shall draft the necessary Legal Agreement and shall include any further conditions he deems appropriate in an agreement of this nature.

The lands, the subject of the above disposal form part of lands acquired from Dublin City Council in 1997 in accordance with the Scheme for Transfer of Lands as provided for in the Local Government (Dublin) Act , 1993.

J. Horan

County Manager