COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, February 08, 2010

HEADED ITEM NO. 8i

 The Department of Education and Science approached the Council to identify a site in the Lucan/Clonburris area for a post primary school. A number of sites were examined and a site in Clonburris was identified as outlined on attached map as being suitable.

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 dispose of a site comprising 2.83 ha or thereabouts at Clonburris as shown outlined in red on attached Indicative Drawing No LA/39/08 rev 1 to the Minister for Education and Science, subject to the following terms and conditions as recommended by the Council’s Chief Valuer:

1.     That the site is as shown outlined in red on Drawing No. LA39/09/REV 1, copy attached, having an area of 2.83 hectares or thereabouts.

2.     That the Disposal price shall be in the sum of €5.75 million (five million seven hundred and fifty thousand euro) plus VAT (if applicable) payable as follows:

(a)  10% on signing of a contract which shall be no later than 6 weeks from the date of approval of the transaction by the Council.

(b)   90% on the date of closing which shall be not later than a date three months after the approval of the transaction by the Council.

Interest at the rate of 12% per annum shall apply to outstanding sums.

3.     That the Council shall transfer unencumbered freehold title with vacant possession of the site subject to a wayleave for access to any services laid therein now or in the future.

4.     That all outstanding charges, rates and taxes (if any) on the site shall be cleared prior to completion of the transaction.

5.     That the Purchaser shall erect a suitable temporary boundary fence along the southern boundary of the site in due course.

6.     That the Purchaser shall satisfy itself as to the availability and capacity of services in the area to cater for the proposed development.  Water, drainage and electricity connection points to be identified in the planning process.

7.     That the Purchaser shall satisfy itself as to the availability of adequate vehicular and pedestrian access to the site to cater for the proposed development.  Access points to be identified in the planning process.

8.     That the Purchaser shall be responsible for the payment of all relevant planning levies, costs and connection charges arising in the planning process in respect of the proposed development of the lands.

9.     That if the Purchaser has not commenced development of the site within a period of 7 years following the date of approval of this transaction by the Council, then the Council on giving at least three months notice in writing to the Purchaser shall exercise an option to purchase the said site for the purchase price at (2) above, without the payment of interest, costs or taxes.  In such circumstances the parties undertake to complete the transaction within six months of the date of receipt of the written notice by the Council (assuming timely service).

10. Each party shall be responsible for their own fees in this case.

The lands being disposed of 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