COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, February 11, 2008

HEADED ITEM NO. 13

 

LD 1190  Re: Approval to registration of charge by the Minister for Arts, Sport and Tourism in respect of development of a football pitch    and all-weather facilities at Treepark Road,  Kilnamanagh, Dublin 24 by Kilnamanagh AFC.

REPORT:

The Council’s Parks Department has recommended that the Council allocate a site at Treepark Road, Kilnamanagh, Dublin 24 to Kilnamanagh AFC for the development of a football pitch and all-weather facilities. The Club has already provided changing-room  facilities in the Kilnamanagh Family Recreation Centre adjoining the proposed site. Kilnamanagh AFC has recently obtained planning permission for the development of a football pitch and all-weather facilities on the site – Planning Reg. Ref. SD07A/0463.  The Club has been approved for grant funding in the sum of €280,000 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 site to enter into a Grant Agreement and a Deed of Covenant and Charge with the Minister for Arts, Sport and Tourism to continue the use of the facility for community/sporting purposes for a 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 €280,000 (Two Hundred and Eighty 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 €280,000, to continue the use of the proposed football pitch and all weather facilities to be provided by Kilnamanagh AFC on Council owned land at Treepark Road, Kilnamanagh, Dublin 24 as shown hatched in red on attached Indicative Drawing No. LD 1190, for community/sporting purposes for a 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”.