COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, December 10, 2007
HEADED ITEM NO. 19
Approval to registration of charge by the Minister for Arts, Sport and Tourism in respect of premises at Kilininny – Scholarstown Link Road, Ballycullen, Dublin 16 – premises occupied by Knocklyon United Football Club.
The Council’s Parks Department has reported that Knocklyon United Football Club is at present accommodated in a Council owned building on a site at Kilininny – Scholarstown Link Road, Ballycullen formerly used as a compound by the roads contractor for the M50 motorway. Knocklyon United Football Club has obtained planning permission for the change of use and re-development of the above building as changing room facilities – Planning Reg. Ref. SD06A/0229. The Club has also been approved for grant funding in the sum of €165,000 by the Department of Arts, Sport and Tourism towards the carrying out of these works.
A condition of the payment of the grant monies requires the Council as owner of the premises to enter into a Grant Agreement and a Deed of Covenant and Charge with the Minister for Arts, Sport and Tourism to continue to use the facility for community/sporting purposes for a specified period of up to twenty two years and in the event of it failing to do so, to repay all or part of the grant on a reducing scale. This Deed of Covenant and Charge is to be registered as a burden against the Council’s title to enable the draw down of grant monies in the sum of €165,000 (One Hundred and Sixty Five Thousand Euro).
In accordance with Section 66 of the Local Government Act, 2001 the Council may approve the granting of any ‘financial assistance whether by grants, loans, guarantees or other financial aid, lands or other structures etc’ for matters of this nature, such approval to be by way of resolution of the Council. The above definition would include accepting a charge against Council property in respect of funds provided by other parties for facilities constructed thereon.
Accordingly it is recommended that the Council adopt the following resolution:
“That subject to the provisions of Section 66 of the Local Government Act, 2001, the Council enter into a Deed of Covenant and Charge with the Minister for Arts, Sport and Tourism, which is for the absolute sole purpose of securing the approved state grant funding of €165,000, to continue the use of the facility, comprising of a changing room facility at Kilininny – Scholarstown Link Road, Ballycullen occupied by the Knocklyon United Football Club as shown outlined in red on attached Indicative Drawing No. LD 1117, for community/sporting purposes for a specified period of up to twenty two years and in the event of it failing to do so, to repay all or part of the grant monies on a reducing scale. This Deed of Covenant and Charge is to be registered as a burden against the Council’s title.”