COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, December 10, 2007
HEADED ITEM NO. 8(a)
Development Department,
County Hall,
Town Centre,
Tallaght, Dublin 24.
30th November 2007
LD 1121
TO: EACH MEMBER OF SOUTH DUBLIN COUNTY COUNCIL
Re: Proposed Sale of No. 1A St. Patrick’s Road, Clondalkin, Dublin 22 to Ken and Orla O’ Shea
Under Part 8 of the Planning and Development Regulations, 2001 – 2005 the Council at its meeting on 8th May 2006, noted the construction of a single four bedroom, two storey detached house on a site adjacent to 1 St. Patrick’s Road, Clondalkin and the construction of a new 1.8 m wall plus capping between Michael Collins Park and St. Patrick’s Estates for a distance of approximately 130 metres and fronting onto Ninth Lock Road for a distance of approximately 30 metres and all necessary associated ancillary works.
The property was originally advertised for sale in February 2007, but regretfully the successful bidder subsequently withdrew from the sale.
Messrs. O’Dwyer English, Auctioneers, were again appointed to deal with the sale of the property. Following an advertising campaign of over 3 weeks, an offer of €525,000 was forwarded to the Council’s Valuer for consideration. The Council’s Valuer has recommended that the property be disposed of to Ken & Orla O’ Shea subject to the following terms and conditions:-
1. That the dwelling is being sold as built, in an unfurnished state and the property boundaries are as shown outlined in yellow on the attached copy map.
2. That the purchase price shall be in the sum of €525,000 (five hundred and twenty five thousand euro) payable as follows:
(a) 10% deposit on the signing of a contract, which must take place no later than one month from the date of the relevant Council meeting, if applicable.
(b) The balance on completion of the sale, which must take place no later than one month from the date of signing of the contract.
Interest at the rate of 12% per annum shall apply to outstanding sums.
3. That the transaction is subject to receipt of the necessary approvals and consents and in particular, the approval of the Members of South Dublin County Council at the meeting of the full Council to be held on 10th December next. Accordingly, legal contracts for the sale, if approved, cannot issue until after the Council meeting.
4. That the freehold title to be transferred by the Council shall include three restrictive covenants on the title, to be registered as burdens in favour of the Council, in the format set out below:
(i) That the property shall be used solely as an owner occupied single family residence
(ii) That the garden areas at the property shall be maintained and preserved as garden areas only ancillary and subsidiary to the enjoyment of the dwelling house and in this regard the following provisions shall apply to the garden areas:
- They shall not be used for development purposes (other than for an integral extension(s) to the dwelling, providing that such extension(s) do not utilize more than 20% of the total garden areas and subject to planning permission, if required,
- They shall not be used, temporarily or otherwise, for any commercial uses,
- They shall not be used for any noisesome or offensive uses,
- They shall not be used for the storage of machinery or ‘parts’ of machinery or vehicles, barrels, utensils, waste skips, building materials or materials of any type other than those required for ordinary maintenance/’gardening’ of/at the garden areas,
- They shall not be used for the parking (or servicing or maintenance) of cars, motorcycles, lorries, boats, trailers, vans (including fast food vans and ice cream vans), caravans, mobile homes or containers,
- They shall not be used for the erection of pigeon lofts, kennels, a cattery, pens or stabling,
- One proprietary demountable timer shed only, no larger than 10ft x 6 ft (imperial measurements) for the storage of garden implements, tools, toys and bicycles may be placed in the garden areas,
(iii) That the boundary wall, railings, gates and driveway shall remain unaltered other than for works arising from basic maintenance, painting and repairs.
5. That the Law Agent shall prepare the contracts and other relevant legal documents in the format he deems appropriate.
6. That each party shall be responsible for their own fees in this case.
7. That the above proposal is subject to the necessary approvals and consents.
The land in question was ceded to the Council by Mr. Cornelius Moynihan in 2005.
Accordingly, I recommend that the Council dispose of the property at 1A St. Patrick’s Road, Clondalkin, Dublin 22 for the sum of €525,000 (five hundred and twenty five thousand euro) to Ken and Orla O’ Shea in accordance with Section 211 of the Planning and Development Act, 2000 and in accordance with Section 183 of the Local Government Act, 2001 subject to the above terms and conditions as recommended by the Council’s Valuer.
Joe Horan
County Manager