COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

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MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, June 09, 2008

HEADED ITEM NO. 9(g)

                                                                        

   Re: Proposed Disposal of 2 Plots of Land at St. Mary’s Park/Village Green,  Saggart , Co. Dublin to Des Nolan and Seamus Murphy       

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The Council issued a letter of comfort to Hannah Homes Ltd, the owners of a property at  ‘The Saggart Arms’ Public House, Saggart Village, to include two strips of adjoining Council owned land for the purpose of submitting a planning application for the re-development of their property.  The purpose of including the Council's lands in the planning application was to facilitate a new pedestrian street/footpath on the eastern side of the development, which it was proposed would look onto and provide passive security for the adjoining Village Green and the strip of land at Saint Mary's Park on the southern boundary which constitutes a roadside verge at present, was to facilitate the provision of a footpath and on-street car-parking. This application, Planning Reg. Ref. SD06A/0636 was subsequently granted planning permission by An Bord Pleanála.

 An application has now been received from Des Nolan and Seamus Murphy, Directors  of Hannah Homes Ltd to acquire an interest in the two plots of Council owned land referred to above in order to proceed with the development.

 Accordingly, I recommend that the Council dispose of two plots of land measuring a total of 438 sq. metres or thereabouts at Saint Mary’s Park/Village Green, Saggart , Co. Dublin as shown shaded in yellow on Indicative Drawing No. LA/22/08 to Des Nolan and Seamus Murphy, 10 Templeogue Road, Terenure, Dublin 6W 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 as recommended by the Council’s Valuer:-

 1.  That the lands to be leased comprise an area of 438 square metres or thereabouts and are as follows:

 (i)  A strip of land at Saint Mary’s Park along the southern boundary of the applicant’s site as shown shaded in yellow on Indicative Drawing No. LA/22/08. The   area to be leased will comprise only of a footpath and some green/landscaped area which is to be constructed in accordance with term No. 4(i) hereunder.

 (ii) A strip of land at the Village Green along the eastern boundary of the applicant’s site  as shown shaded in yellow on Indicative Drawing No. LA/22/08. The area to be leased will comprise of part of the footpath with a cobblestone finish which is to be constructed in accordance with term No. 4(ii) hereunder.

 2.  That the capital premium payable by the Applicants to the Council shall be in the sum of €260,000 (two hundred and sixty thousand euro)  payable in one lump sum on the signing of contracts.

 3.  That on receipt of the necessary statutory approvals to the disposal the County Solicitor shall forward contracts to the Applicants which must be executed within a period to be specified.

 4.  That on signing of the contracts  and on receipt of the payment of €260,000 (twohundred and sixty thousand euro), the Council shall grant the applicants a building licence to construct (at the applicants’ own expense) the following on the Council lands shown shaded in yellow (area to be leased) and area shaded in blue(area to be retained by the Council) on Indicative Drawing No LA 22/08 :

 (i)   A footpath on Council land adjoining the southern boundary of the applicants’ site which fronts onto St Mary’s Park.

 (ii)   A footpath on Council land adjoining the eastern boundary of the applicants’ site which fronts onto the Village Green.

 (iii)  A surface car park on Council land adjoining the southern boundary of the applicants’ site which fronts onto St Mary’s Park.

 (iv)  That full details of the above works shall be agreed with the Council prior to commencement and the completion of legal formalities.  In particular care will be taken to preserve the existing trees along the eastern boundary.

 (v)  The building licence agreement will also be subject to the following terms and conditions:

-       That the above-mentioned work and other works (if any) to be carried out are completed to the satisfaction of the Council and in accordance with the  planning permission granted by An Bord Pleanala as per Planning Reference PL06S.223166. (Planning Reg Ref: SD06A/0636)

 -      That the works on the Council land are carried out within a timeframe that is satisfactory to the Council. This timeframe will be agreed with the Council prior to the signing of contracts.

 -     That the applicants will indemnify the Council against any claims as a result of their and  their contractors use, occupation of, or works on the Council land      during the period of the licence agreement.

 5.   That on satisfactory completion of the works in accordance with the building licence as certified by the Council’s Roads and Parks Departments, the Council will grant the Applicants a lease of the areas as outlined at (1) above . The Lease shall be for a term of 250 years (commencing from a date to be agreed upon) subject to a rent of €1 per annum(if demanded) exclusive of all outgoings. The rent will be subject to a rent review every five years linked to the increase in the Consumer Price Index.

 6.  That the Lessee will not be permitted to erect any permanent buildings on the leasehold area.

 7.  That the Council shall retain a right of way over the demised area and a wayleave to access any public services on, under or above the demised area.

 8.  That the above proposal is subject to the preparation of accurate maps by the Council.

 9   That the County Solicitor shall draft the necessary legal agreements  and may include further terms and conditions or make such reasonable alterations, additions and modifications thereto as he deems appropriate.

 10 That the above proposal is subject to satisfactory proof of title including proof that the applicants hold satisfactory title to the adjoining development site to enable them to carry out the development in accordance with the planning permission granted by An Bord Pleanala as per Planning Reference PL06S.223166.

 11    That the above proposal is subject to the necessary consents and approvals being obtained.

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

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

 The lands to be disposed of form part of lands acquired from Andrew Wolohan in 1965  for housing purposes.

J. Horan

County Manager