COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, December 08, 2008

HEADED ITEM NO. 11

HEADED ITEM: D. Department

Completion of stadium at Whitestown Way, Tallaght - Approval of registration of charge in favour of the Minister for Arts, Sport and Tourism.

REPORT:

The Council entered into a contract for the completion of the partially built stadium at Whitestown Way, Tallaght  arising from the failure of the former Lessees to complete the facility over a period of several years.

The Council has been approved by the Department of Arts, Sport and Tourism for a grant in the sum of €2,750,000 from the 2008 Sports Capital Programme, towards the cost of the above works.

A condition of the payment of the grant monies requires the Council, as registered owner of the property, to enter into a Deed of Covenant and Charge with the Minister for Arts, Sport and Tourism to ensure the continued use of the facility as a stadium for a specified period of fifteen  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 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 €2, 750,000, to continue the use of the facility at Tallaght Stadium, Whitestown Way, Tallaght,  Dublin 24  (property as shown outlined in red on attached Indicative Drawing No. LD 744) as a stadium for a specified period of up to fifteen 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”.