COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, April 12, 2010
HEADED ITEM NO. H7d
Re: Disposal of three properties at 1, 2 & 3 Hollyville Terrace, Old Lucan Road, Palmerstown, Dublin 20 to Stewarts Foundation Limited
The Council acquired three properties at Hollyville Terrace, Old Lucan Road, Palmerstown, Dublin 20 by agreement with the respective householders as the scheme for the enhancement of the N4 Interchange which forms part of the M50 Improvement Scheme, impacted on these properties. Two of the properties are vacant at present and one has been let on a short term temporary letting.
The Council subsequently received correspondence from Stewarts Foundation Limited which is based nearby enquiring as to whether the Council had any residential properties available for purchase in the Palmerstown area. The Foundation indicated that it currently occupies thirty three houses covering a geographical area from Lusk to Celbridge for its residential service users. Its Residential Service Users Programme is where clients of the Foundation reside in these houses and are supported by the staff who also reside there with them. Due to the substantial cost and personal inconvenience to service users arising from the need to transport individuals to their place of work/ training at the Stewarts premises in Palmerstown, the Foundation has commenced a process with a view to consolidating more of their houses closer to the Palmerstown Campus. The Foundation consider that this option will provide an enhanced lifestyle for its services users and also provides a more cost efficient supported living service.
As the three properties at 1-3 Hollyville Terrace are very close to Stewarts Palmerstown Campus the Chief Valuer was instructed to enter into negotiations with Stewarts Foundation Ltd with a view to agreeing terms for the sale of the three properties in question. The Council holds a freehold interest in the properties at 1 & 2 Hollyville Terrace and the adjoining strip of land and a leasehold interest in the property at 3 Hollyville Terrace. The property at 1 Hollyville Terrace has suffered fire damage and is in need of repair and re-furbishment. One of the properties is let on a short-term temporary letting and arrangements will be made to have the property vacated prior to its sale.
The Chief Valuer has now submitted the following terms and conditions for the disposal of the Council’s interest in the three properties at 1-3 Hollyville Terrace in their existing state together with a strip of adjoining land which he considers to be fair and reasonable and which have been accepted by Stewarts Foundation Ltd.
Accordingly, I now recommend that 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, that the Council dispose of its interest in the three properties at 1-3 Hollyville Terrace, Old Lucan Road, Palmerstown in their existing state together with a strip of adjoining land as shown outlined in red on Indicative Drawing attached to Stewarts Foundation Limited, Palmerstown, Dublin 20 subject to the following terms and conditions:-
1. That the disposal area is shown outlined in red on the attached Indicative Drawing and the Council will convey the unencumbered freehold with vacant possession to the applicant in No. 1 and 2 Hollyville Terrace together with adjoining strip of land and assign their lease of No.3 which is for a term of 250 years from 1st April 1963 with full vacant possession subject to the Council retaining a wayleave over existing services which are shown for general location purposes only on the attached Indicative Drawing. The applicant will not be permitted to subdivide the area hatched blue on the attached Indicative Drawing between any of the three properties without the consent of the Council.
2. That the applicant will pay the Council the sum of €800,000 (eight hundred thousand euro) in the following manner:
i. 10% payable on the signing of contracts.
ii. The balance payable within 3 months from the date of the necessary consents and approvals of the elected Councillors to the disposal.
Any outstanding sums due after this date will be subject to 12% interest per annum.
3. That the applicant will sign contracts within three weeks from the date of issue from the Council’s Law Department.
4. That the Council shall clear all outstanding charges, taxes and rates (if any) on the properties prior to the completion of this transaction.
5. That both parties shall pay their own fees in this matter.
6. That the above disposal is subject to a final accurate disposal map being prepared by the Council and the attached map is for general identification purposes only. The final map will also show the wayleave area.
7. That the applicant , if it so wishes and subject to agreeing terms with the Council, including indemnifying the Council against any claims, will be permitted to access the fire damaged dwelling at No. 1 Hollyville Terrace prior to close of sale to clean out the property and provide a temporary roof cover in order to prevent further damage to the property.
8. That the disposal is subject to satisfactory proof of title.
9. That the above proposed disposal is subject to the necessary consents and approval of the Council being obtained.
10. That the County Solicitor shall draft the necessary legal agreements and shall include any further terms he deems appropriate in Agreements of this nature.
11. No exchange enforceable at law is created or intended to be created until exchange of contracts has taken place.
The lands being disposed of form part of lands acquired as follows: No 1 Hollyville Terrace from Reps of Margaret Towey (deceased) in 2009, No 2 Hollyville Terrace from S. & V. Smith in 2002, No 3 Hollyville Terrace from B. Ryan in 2003 and adjoining strip of land from J. Dolan in 1982, for roads purposes.
J. Horan
County Manager