COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, February 08, 2010
HEADED ITEM NO. 8j
The Council at its meeting held on 12th February 1996, approved the disposal
of 26 acres of land at Rathcoole to Cumann Lúthcleas Gael, Coiste Átha
Cliath. Manager’s Order No. LA/21/96 and Minute No. /80/1996 refers subject
to terms and conditions as set out at Column A in the schedule hereunder.
The applicants considered the lands to be suitable to their needs and the consideration of IR £200,000 was paid in full by the Dublin County Board. However, the transaction was not finalised and the site remains undeveloped as the Council has been unable to provide the right of way through it’s own lands at the location as provided for in Condition 5 of the agreed disposal terms as shown in Column A in the Schedule hereunder.
To resolve the issue, on 14th March, 2007 the Council made a Compulsory Purchase Order for the purposes of providing a new road from Stoney Lane to serve the lands in question and submitted it to An Bord Pleanála for confirmation. The Council, on the 6th September, 2007 made a Confirmation Order and Notice of Confirmation and Notice to Treat has now been served on all parties affected by the Compulsory Purchase Order. This new road will also be capable of servicing the adjoining Council residential lands.
The Dublin County Board has in the meantime obtained planning permission for the development of the lands as a Centre of Excellence, including a number of pitches, a Clubhouse, Training Facilities Gym etc Planning Reg. Ref. SD08A/0153 refers.
At this stage and due to the passage of time since the disposal was first approved, it is proposed to update and amend the terms to reflect the accurate boundaries, revised access and other requirements which have been necessary in the meantime. The revised conditions are shown at Column B of the Schedule hereunder.
| Column A Original Terms | Column B Revised Terms |
| (1) That the full and final settlement shall be in the sum of IR£200,000.00 (two hundred thousand pounds). | (1) No Change |
| (2) That the Council will dispose of its fee simple interest in the lands and give vacant possession to the subject lands on completion. | 2)That the Council will dispose of its fee simple interest in an area measuring 27.11 acres or thereabouts as shown outlined in red on Indicative Drawing No PLS 1711-03 with vacant possession subject to the Council reserving a wayleave over the area shaded brown and marked Area B on the said Indicative Drawing for the purpose of construction and maintenance of Boherboy water main and any other necessary public services, maintenance of adjoining ditch and possible future road construction . |
| (3) The sale shall be by way of contract providing for payment of 10% of the purchase price on signing of the contract. The balance to be paid on closing of the sale not exceeding two months from the signing of the contract. | (3) No Change. |
| Column A Original Terms Cont/d | Column B Revised Terms Cont/d |
| (4) The G.A.A. will be responsible for the provision of adequate boundary fencing to the lands being disposed of and appropriate car parking facilities. | (4)That the applicant shall be responsible for the provision of adequate boundary treatment to the lands being disposed of and appropriate car-parking facilities including a community car park on the Council’s retained lands as provided for in Planning Permission granted under Planning Register Ref. SD08A/0153 |
| (5) A right of way on the western side of the Council’s lands to access the lands being disposed of will be granted. | (5)(a)That the Council shall grant the applicant a right of way in common with the Council, its nominees, invitees and assigns over the line of the proposed road from Stoney Lane to the western boundary of the demised lands as shown shaded in yellow on Indicative Drawing No PLS 1711-03 for the purpose of access to the demised lands. (5)(b) That the Council shall grant the applicant a licence/wayleave and right of way in common with the Council its nominees, invitees and assigns over the area shaded in yellow and hatched in blue on Indicative Drawing No PLS 1711-03 being part of the Council’s retained lands to facilitate construction of the public car-park, underground services and utilities, access to Rathcoole Park & adjoining lands and maintenance of any access/ services/utilities provided therein. |
| Column A Original Terms Cont/d | Column B Revised Terms Cont/d |
| (6) That no agreement enforceable at law is created or intended to be created until exchange of contracts has taken place. | (6) No Change |
| (7) That each party be responsible for its own respective legal costs of the transaction. | (7) No Change |
| (9) That the applicant and the Council shall enter into an Agreement under Section 47 of the Planning and Development Act 2000 in relation to the future use of the land | |
| (10) The Council reserves the right to extinguish the right of way over the areas shaded yellow if required and to replace the right of way with a public road on terms to be agreed between the parties prior to the finalising of the legal transfer. |
I now recommend that in accordance with Section 211 of the Planning & Development Act 2000 and subject to the provisions of Section 183 of the Local Government Act 2001 that the Council vary the terms of the proposed disposal of lands at Rathcoole, Co. Dublin comprising 27.11 acres as shown outlined in red on Indicative Drawing No PLS 1711-03 or thereabouts to Cumann Lúthcleas Gael, Coiste Átha Cliath to note the revised terms as outlined at Column B above.
The lands being disposed of form part of the lands acquired in 1991 from Northstar Limited for roads and amenity purposes.
J. Horan
County Manager