COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, September 14, 2009
HEADED ITEM NO. 7(i)
Development Department,
County Hall,
Town Centre,
Tallaght, Dublin 24.
4th September, 2009
TO: EACH MEMBER OF SOUTH DUBLIN COUNTY COUNCIL
Re: Proposed disposal of land at Balgaddy, Clondalkin to the Minister for Education and Science for the provision of a primary school
This Council at its meeting on the 13th November 2006 noted (for the purposes of Section 183, Local Government Act, 2001) a proposal to dispose of 41.50 acres at Balgaddy, Clondalkin to Shelbourne Development Ltd in exchange for 42.56 acres at Cooldrinagh, Leixlip subject to certain terms and conditions, Minute no. C/0619/06 refers. Subsequent to the authorisation of the disposal to Shelbourne Development Ltd a Local Area Plan for Clonburris (which the disposal site forms part of) was published for comment by the Council in August 2007 and formally adopted by the Council on the 7th April 2008. The plan was then confirmed by An Bord Pleanala on the 5th November 2008.
Following the publication of the Local Area Plan in August 2007, Shelbourne Development Ltd were approached by the Minister for Education and Science who had an urgent need to provide a school in the area to meet the needs of the local community.
The Council consented to the negotiations between Shelbourne Development Ltd and the Minister for Education and Science as the site formed part of the development lands, as identified in the above exchange on the basis that the negotiations did not interfere or alter the substantive terms agreed between the Council and Shelbourne Development Ltd.
Terms were agreed between Shelbourne Development Ltd, South Dublin County Council and the Minister for Education and Science and permission was given to the Minister, in view of the urgency to provide a school, to enter onto the site and commence construction. The school opened in September 2008 on foot of terms of a license agreement granted by South Dublin County Council.
In order to facilitate the registration of title, the Minister for Education and Science has requested that the Council formally dispose of the school site directly to the Minister for Education and Science as there would be a considerable delay in achieving title from Shelbourne Development Ltd as Shelbourne Development Ltd would only receive full title from the Council on completion of the development.
Subject to the provisions of Section 183 of the Local Government Act, 2001, and in accordance with Section 211 of the Planning and Development Act, 2000, I therefore recommend that the Council approve a variation to the terms of the disposal authorised in favour of Shelbourne Development Ltd at meeting of the Council held on the 13th November 2006, to provide as follows:
1. That the Council dispose of the freehold title to that part of the lands shown hatched in red on the attached Drawing No LA/34/08 Rev A, comprising of 2.19 acres or thereabouts, directly to the Minister for Education and Science together with a grant of a right of way and service easements over the areas as shown shaded yellow on Drawing LA/34/08 Rev A:
2. Subject to the planning process, the Council, its nominees, assigns or successors in title reserve the right at its absolute discretion to relocate the right of way and service easements servicing the school site providing always that access and services to the school site are not interrupted and all necessary rights of way and service easements are granted to the said Minister, his successors and assigns in respect of alternative access ways and services..
3. The Council, its nominees, assigns or successors in title reserve the right to use the temporary road as constructed within the area of the right of way as shown shaded in yellow on Drawing No LA/34/08 Rev A until such time as it is taken in Charge by the Council/other party or an alternative road layout is put in place.
4. The Minister for Education and Science shall maintain the areas the subject of the right of way/services easement as shown shaded in yellow on Drawing No LA/34/08 Rev A and shall indemnify the Council against any claim for compensation which might/may be made by any party arising out of its occupation and use of these areas, pending the roads/services being taken in Charge by the Council or other party or being relocated to alternative routes.
5. A monetary consideration in the sum of €3,942,000 to be paid by the Minister for Education and Science to the Council. This consideration then to be apportioned between the Council (one third i.e. €1,314,000) and Shelbourne Development Ltd (two thirds i.e. €2,628,000).
6. The Minister for Education and Science shall be responsible for payment of all of the Council’s reasonable legal costs associated with the conveyance of the school site.
7. That the Council shall prepare accurate maps of the disposal site suitable for Land Registry purposes.
8. 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 shall be agreed between the Council and the Minister.
No change is required to the terms of the disposal as noted by the Council at its meeting on the 13th Nov 2006 save as provided for in this Notice. It is confirmed that Shelbourne Development Ltd has consented to the proposed variation in the terms as outlined above.
The lands being disposed of at Balgaddy, Clondalkin form part of the lands acquired from Dublin City Council (formerly Dublin Corporation) in 1997 under the Scheme of Transfer of Lands pursuant to the Local Government (Dublin) Act, 1993.
J. Horan
County Manager