COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF TALLAGHT AREA COMMITTEE (2)
Tuesday, October 28, 2008
HEADED ITEM NO. 9
Report on proposed development at Saggart Arms, Saggart, Dublin 24 – Hannah Homes Ltd – Planning Reg Ref SD06A/0636
At the meeting of the County Council held on 9th June 2008 a report on the proposed disposal of two strips of Council owned land adjacent to the above proposed development at Saggart Village was presented to the members of the Council for consideration. Following discussion on the proposal the members resolved that the disposal NOT be carried out and it was agreed that alternative proposals to facilitate this development would be examined and a further report would be brought to the Tallaght Area Committee in due course - Minute No (C/0261/08) refers.
An application was subsequently received from Des Nolan and Seamus Murphy, Directors of Hannah Homes Ltd to consider other proposals to facilitate the development of the site.
The matter has been re-examined and it is now proposed to enter into an alternative agreement with the applicants to facilitate their development, which will not involve the transfer or lease of any Council owned lands.
The following terms have now been accepted by the applicants:
1.(i) That a right of way be granted to the applicants over a strip of land at Saint Mary’s Park along the southern boundary of the applicants’ site as shown shaded in yellow on Indicative Drawing No. FOR 230 which area will consist only of a footpath which is to be constructed by the applicants in accordance with Term No 3(i) hereunder.
(ii) That a right of way be granted to the applicants along the line of the existing footpath at the Village Green and over the adjacent areas as shown shaded in yellow on Indicative Drawing No. FOR 230 to access the proposed development and related ESB sub-station. The existing footpath to be upgraded to a cobblestone finish which is to be constructed by the applicants in accordance with term No. 3(ii) hereunder.
2. That the consideration 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 the building licence to be issued in accordance with term no 3 hereunder.
3. That the Council shall grant to the applicants a building licence for the area outlined in blue on Indicative Drawing No. FOR 230 to enable the applicants to carry out the following works (at the applicants’ own expense):
(i) A footpath on Council land adjoining the southern boundary of the applicants’ site which fronts onto St Mary’s Park.
(ii) A footpath with cobblestone finish on Council land on the eastern side of the applicants’ site on the line of the existing footpath through the Village Green together with the access areas to the proposed development and related ESB sub-station, as shown shaded in yellow on Indicative Drawing No. FOR 230.
(iii) Car parking spaces on Council land adjoining the southern boundary of the applicants’ site which fronts onto St Mary’s Park together with a high quality landscaped area between the parking spaces and the footpath.
(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 side of the site.
(v) The building licence agreement will also be subject to the following terms and conditions:
4· That the above-mentioned work and other works (if any) to be carried out are completed to the satisfaction of the Council’s Roads and Parks Departments.
5· 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 the building licence.
6· 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.
7. 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 right of way as outlined at (1) above .
8. That the applicants or their successors in title will not be permitted to erect any permanent buildings on the area of the right of way.