COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, February 08, 2010
HEADED ITEM NO. 8h
The Council was approached by the CPLN Partnership and Bawnogue Youth and Family Support Group to identify a site in the Clondalkin area to accommodate roancabin buildings which had been donated to Oakfield Trust by the Wyeth Company at Grange Castle Business Park. Oakfield Trust, The Community Property Development Co. Ltd is the property arm of the CPLN Partnership and has been requested by the above Group to assist them in securing a site for additional accommodation. The Bawnogue Youth and Family Support Group provides services to families of recovering drug users and is presently operating from two units at Units 11 & 13 Bawnogue Shopping Centre and Unit C2 Station Road Business Park, Clondalkin. The Group indicated that it has recently been allocated additional staffing resources and require larger premises to expand its services.
A total of 12 sites in Council ownership in the vicinity of their existing facility have been examined and following briefings with Area Members, a site at Nangor Road, Clondalkin has been identified as the most suitable location to accommodate the Group. The Council propose to grant a short term lease of a site comprising 1,713 square metres or thereabouts at Nangor Road, Clondalkin as shown outlined in red and shaded grey on attached Indicative Drawing No. RE 0102 to Oakfield Trust to facilitate the erection of a roancabin prefabricated building thereon to accommodate the Bawnogue Youth and Family Support Group.
I accordingly recommend that 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 that the Council grant a lease to Oakfield Trust, The Community Property Development Co. Ltd in respect of a site at Nangor Road, Clondalkin, Dublin 22 as shown outlined in red on attached Indicative Drawing No. RE 0102, subject to the following terms and conditions as recommended by the Council’s Chief Valuer:
1. That the disposal shall be subject to the applicant obtaining the necessary planning permission, for the proposed use and placement of the temporary prefabricated structures and ancillary works related thereto on the site.
2. That the lease will be for a period of 5 years, commencing on a date to be agreed between both parties.
3. That the demised area is as shown outlined in red and shaded grey on the attached copy map, Drawing No RE 0102, and has an area of 1,713 square metres or thereabouts.
4. That the annual rent shall be in the sum of €13,000 (thirteen thousand euro ) exclusive of all outgoings.
Notwithstanding the rent so reserved, the annual rent shall be abated to the sum of €100 (one hundred euro) per annum, exclusive of all outgoings subject to the demised area and the temporary structures to be placed thereon being used solely by the applicant for non- profit making uses as a community based centre for the provision of counselling, therapy, associated and ancillary meeting space and office use. In the event of it ceasing to be used for such purposes it shall revert to the Open Market Rent and the Council shall have the option to terminate the lease on giving 14 days notice in writing to the Lessee.
5. That the Lessee shall be responsible for all outgoings including rates, charges, fees, electricity bills and refuse charges that may become payable on the premises during the period of the lease.
6. That the Lessee shall not sell, assign, grant any sub interests, sub-divide, alienate or part with the possession of the demised premises without the prior written consent of the Council, save that the Council shall not unreasonably withhold consent for the sub-lease/ assignment of the subject lease to The Bawnogue Youth and Family Support Group who operate the Centre proposed to be accommodated in the premises.
7. That the demised area and the temporary structures to be erected thereon shall be maintained to a very high standard in terms of security, cleanliness, queuing systems, avoidance of loitering, anti-littering measures and shall seek to avoid or cause any nuisance, noise or disturbance to adjoining residential developments. An authorised Council Official shall be permitted to enter onto the demised area at any time and view the state and condition of the property and if necessary prepare a schedule of dilapidations and the necessary works (if any) shall be carried out by the Lessee within a reasonable period of time as stated by the Council.
8. That the Lessee shall indemnify the Council in the sum of €6.4million (any one accident) or such other sum as may be stipulated by the Council from time to time in respect of any claims for injury or damage to any person or property arising out of the Lessee’s occupation of or through the use of the demised area and the temporary structures thereon.
9. That the Lessee shall insure and keep insured the demised premises in a sum equivalent to the full replacement value, at all times in the joint names of the Council and the Lessee against loss or damage by fire or other cause in an established insurance office to be approved by the Council and to pay all premiums or such sum of money necessary for that purpose and within 7 days after the same has become payable to produce to the Council the policy or policies of such insurance and the receipt for every such payment. In the event of loss or damage by fire or other cause, the Lessee is obliged to reinstate the demised premises and every part thereof to its original state.
10. That there shall be no methadone or drug related dispensing services provided at the premises.
11. That the Lessee shall be prohibited from erecting mast tower aerial or hoarding on the premises.
12. That any signage if permitted shall be subject to Council approval and shall be in accordance with the specifications of the Council.
13. That the Lessee shall not carry out any alteration or development of the demised area or erect any structure or make any excavation without the prior written consent of the Council.
14. That the existing mound on the demised area shall be removed and the proposed development shall be at the same level as the adjoining Nangor Road.
15. That the development of the demised area shall be carried out in accordance with any planning permission granted and will comply at all times with the requirements of the Local Government (Planning and Development) Acts, 1963-2000, the Planning and Development Act 2000 (as amended), the Building Control Act 1990, Building Regulations 1991-1994 and the Building Control Regulations 1997 and any amendments or re-enactments currently in force, or to be re-enacted in the future in respect of the said Acts and Regulations.
16. That the applicant shall satisfy itself as to the availability and capacity of services in the area to cater for the proposed development, and the identification of connection points thereto as part of the planning process.
17. Planning costs, fees, contributions, connection costs and fees, site preparation, development and all other associated costs incurred in the delivery of the entire completed development shall be borne by the applicant.
18. That the Council reserves wayleaves where necessary over the demised area for the purposes of access to services, whether existing or newly constructed services and in particular over the foul sewer as shown on attached Indicative Drawing RE 0102 which requires a 3 metre wayleave each side of the pipe. The Council reserves the right to connect free of charge to any services laid or to be laid within the demised premises. The written agreement of the Council will be required where the relocation of public services is proposed.
19. That the demised premises or any part thereof shall not be used as a residence.
20. That the sale, manufacture or consumption of intoxicating liquor shall not be permitted in or about the premises.
21. That the Lessee shall comply with all statutory requirements and regulations and in particular the Safety, Health & Welfare at Work Act 1989 to 2005, Waste Management Act 1996 as amended and Litter Pollution legislation and any amendments or re-enactments currently in force, or to be re-enacted in the future in respect of the said Acts and Regulations.
22. That in the event of the Lessee failing to comply with any of the terms, conditions, warranties, covenants or the obligations and stipulations herein contained or becoming dissolved or going into liquidation, the Council may revoke the lease by giving the Lessee notice in writing to that effect or unless otherwise stated in such Notice, this agreement shall cease immediately upon such Notice having been given.
23. In the context of any future redesign or redevelopment of the adjoining lands, that the Council shall have the absolute right for no consideration to resume possession of the demised area and to relocate the Lessee temporarily or permanently to an equivalent site or facility in the locality.
24. That at expiration or sooner determination of the lease the Lessee shall remove the structure, foundations and all materials and re-instate the demised area to its original condition at the Lessee’s own expense and shall return the site to the Council in a clean and tidy state and cleared of any structures or other items. The Lessee shall provide the Council with a bond which shall be returned on the completion of the reinstatement works.
25. That the Lessee will pay the Council’s legal fees incurred in the grant of the lease which shall be agreed with the Council’s Law Agent at a later date and a valuers fee of €800 (eight hundred euro).
26. That the Lessee shall be responsible for the payment of any V.A.T or other taxes or charges due to the creation of the lease.
27. That the above proposal is subject to satisfactory proof of constitution, status or confirmation of directorships, staff or memberships of the Company/ Organisation as required by the Council.
28. That the above proposal is subject to the necessary statutory consents and approvals being obtained
29. That the lease shall include any amendments and/or other conditions as are deemed appropriate by the Council or Law Agent.
30. That no agreement enforceable in law is created or intended to be created until exchange of contracts has taken place.
The lands being disposed of form part of the lands acquired from Daniel & Johanna Moynihan in 1974 for the purposes of Housing, Roads and Open Space.
J. Horan
County Manager