COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, January 12, 2009

MOTION NO. 3

MOTION: Councillor S. Crowe

This Council agrees to instruct the manager to treat as a  priority,  the resolution of the licence/ lease issue for Community projects in the South Dublin County Council area and can he give an updated and detailed  report  on the  exact reasons, per project,  for the long  years of delay in releasing these vital documents.

REPORT:

The Council has endeavoured for many years to provide buildings or sites for buildings for various community purposes. These buildings and lands are for the most part provided to various community organisations free of charge or for nominal rent. The facilities provided are normally funded by grants from a range of public bodies and in some cases where the Council procures the construction of the buildings, the expenditure is carried  by the Council initially until it is recouped from the grant monies. The Council endeavours insofar as possible to make the facility available to the particular Community Organisation once it becomes available for use, albeit on an informal agreement.

The process to grant a formal licence /lease is subsequently undertaken as there can be varying matters to be addressed as part of the process, including prepartation of maps, agreements regarding areas which may be common to a number of facilities, agreement on terms with the particular organisation and the funders of the facility and legal advisers. However the nature of these facilities is that they are community based and for the most part their operation is publicly funded. The absence of a formal lease /licence  does not necessarily restrict the use of the facility for the purposes for which it was provided.

The grant of a lease or licence is not normally in itself sufficient documentation to facilitate a draw down of grant funding as the funding agencies involved e.g. Department of Arts Sports & Tourism , HSE etc require to place a Charge on the title to the property to ensure the use of the grant monies for the purpose provided, for a specified period. The Council frequently enter into Deeds of Covenant and Charge with various funding agencies to enable funds to be released for the capital cost or fit out of these facilities i.e. the Council is prepared to take a charge against its title which enables funds to be drawn down without the need for title to pass to the Organistion operating the facility.  This is for the most part a seperate process to the grant of a lease or licence as the matter is usually dealt with by funding agencies and their solicitors.

It is understood that the Councillor is referring to a number of specific cases within the Tallaght area and the position in relation to applications within this area is as follows:

CARP Killinarden

The Licence Agreement is being processed by Council's Law Department and drafts have issued to CARP's Solicitors.  It is understood that the payment of a final instalment of grant monies is deferred by HSE pending completion of Licence and Deed of Covenant and Charge. The Council is awaiting submission of a Deed of Covenant and Charge from the HSE in this matter, relating to the funding of the premises.

JADD Jobstown

Terms for grant of a Management Licence issued to JADD on 27/3/2007. The applicant has as yet to confirm acceptance of terms in order to progress the Licence. The Council procured the construction of this building and the capital cost of construction is to be recouped to the Council by the HSE.The Council is awaiting submission of a Deed of Covenant and Charge from the HSE in this matter.

St. Dominic's Community Response Project

Terms for a Management Licence were issued to the Project on 4th April 2007. THe Project's Solicitor replied in June 2007 and indicated that the Project wished to obtain a lease of the building. Terms for a 99 year  lease were subsequently issued on 18th February 2008 but there does not appear to have been any contact from the Project or their solicitors in the meantime to confirm acceptance of the terms. If the terms are accepted a report on the matter will be submitted to a future meeting of the Council for consideration. The Development Department is not aware of any grant monies held up in this case.

St. Mary's Boxing Club,St Dominic's Road

Terms issued for grant of a Management Licence 4-4-07 - No response from Boxing Club.The Development Department is not aware of any grant monies held up in this case.

Jobstown Childcare Premises at Jobstown Village

The Lease in this case is being processed by the Council's Law Department and drafts have issued to lessee's solicitor. The Council procured the construction of this building and the capital cost of construction is to be recouped to the Council by An Pobal - monies have been received.

Creche at Brookfield Youth & Community Centre

The Lease in this case is being processed by the Council's Law Department and drafts have issued to lessee's solicitor. The Council procured the construction of this building and the capital cost of construction is to be recouped to the Council by An Pobal.

 An Cosán- Site at Kiltalown

Draft leases agreed between solicitors for both parties some years ago. Procedure to be put in place for management and maintenance of common areas shared between An Cosán, Mary Mercer Health Centre and The Methodist Church in order to finalise leases. Matter is currently being reviewed with a view to an early solution.The Development Department is not aware of any grant monies held up in this case.

Knocklyon Unted FC- Changing room premises at St Colmcille's Way, Knocklyon

Deed of Covenant and Charge entered into between Council and Minister for Arts Sport and Tourism to facilitate draw down of grant funds by Club- Terms for a Management Licence to be issued to Club.

Kilnamanagh AFC- All weather pitches at Treepark Road, Kilnamanagh

Deed of Covenant and Charge entered into between Council and Minister for Arts Sport and Tourism to facilitate draw down of grant funds by Club- Building Licence issued to Club to enable works to proceeed -Terms for a Management Licence agreed with Club and will be granted when works are completed.

Tallaght Athletic Club & St Maelruans F.C. -  Clubhouses at Bancroft Park

Terms for Management Licence to be issued to Clubs.The Development Department is not aware of any grant monies held up in this case.