COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, April 06, 2009

HEADED ITEM NO. 7(b)

Re: Proposed disposal of land at junction of Killeen Road and Old Nangor Road

Applicants : Colm O Cuilleanáin and Martin Ryan

An application has been received from Colm O’Cuilleanáin and Martin Ryan  to incorporate a portion of land adjacent to their business at the junction of Killeen Road and Old Nangor Road.  This is an area of ground that remains surplus to a road widening project some years ago and the public right of way has been extinguished at this location.

 Accordingly, I recommend, that the Council dispose of the area of land comprising of an area of 205 sq. metres or thereabouts at the junction of Killeen Road/Old Nangor Road as shown outlined in red on attached Drawing No. LA/26/08 REV.A, to the respective owners of an adjoining property, Colm O’Cuilleanáin and Martin Ryan 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 Council dispose of the area on a leasehold basis for car parking and garden purposes only.
  2.  That (if necessary) the applicants will seek planning permission to construct surface car parking spaces on the subject plot.  If such planning permission (if necessary) is received, the applicants shall be granted a lease of the above Council lands for a term of 10 years subject to a rent of €5,000 (five thousand Euro) per annum, exclusive of all outgoings.
  3.  That the initial rent shall be subject to review at the end of the fifth year of the term.  The revised rent shall be the higher of the yearly open market rent of the demised lands at the date of review or the passing yearly rent indexed linked to the increase in the consumer price index.
  4.  That the above rent shall be paid by way of standing order on a quarterly basis in advance.
  5.  That the applicants shall incorporate the Council lands with their own lands and construct a suitable boundary.  All works carried out on the plot to be agreed with the Council.
  6.  That the applicants shall be liable for any costs incurred in the carrying out of these works and responsible for obtaining any necessary planning permissions.
  7.  That no permanent buildings or structures other than a boundary feature are permitted on the subject Council land.
  8.  That the applicants shall indemnify the Council against any claims as a result of any works on or  arising from the use of the demised lands.
  9.  That the applicants shall not be permitted to alienate, assign or sublet the Council lands without the prior consent of the Council.
  10.  That the applicants shall keep the demised lands in a good state of repair and on the expiration of the lease return the lands to the Council.
  11.  That the Council shall retain a wayleave over the area shown hatched on Drawing No. LA/26/08 REV.A to access any existing services that encumber the subject lands.  Manholes on the subject plot are to be kept accessible at all times.
  12.  That the applicants shall be responsible for the cost of carrying out a survey to determine the location of the lighting cables and relocating any public lighting as deemed necessary by the Council.
  13.  The relocation of Council signage currently located on the subject plot is to be agreed with the Council’s Road Department and any costs incurred are to be borne by the applicants.
  14.  That the applicants shall be responsible for liaising with Dublin Gais regarding the presence of a 180mm diameter 4 bar Gas main and two associated services that may be present on this site and (if necessary) for the cost of  altering the main gas line.
  15.  That the applicants shall pay Valuers fees of €1,000 (one thousand Euro).
  16. That any V.A.T, Stamp duty or other taxes which arise as a result of the creation of the lease are to be borne by the applicants.
  17.  That each party are responsible for their own legal fees in this transaction.
  18.  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.                                                                                              

The lands to be disposed of form part of lands acquired from J.J.Smith & Sons, Camac Valley Properties and Killeen Corrugated Products Ltd in 1990 for Roads purposes.

J. Horan

County Manager