COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, May 10, 2010

HEADED ITEM NO. 7f

 

Proposed disposal of Head Interest in Unit 2, Castletymon Shopping Centre, Tallaght, Dublin 24 to Clivco Enterprises Ltd

In 1997 the Council acquired lands comprising of a Car Park, adjoining Castletymon Shopping Centre by way of Deed of Waiver from the Minister for Finance. The lands had been owned byVentnor Developments Limited but were vested in the Minister for Finance by virtue of Section 28(2) of the State Property Act, 1954 when the company was dissolved. Title to the lands was transferred to the Council on 27th March 1997 under Folio DN 30370F.  The lands were acquired to facilitate the construction of a scheme of 7 No. 1 bedroom single storey dwellings. Owen O’Brien & Co Solicitors have now sent in correspondence on behalf of their clients Clivco Enterprises Limited, Unit 2 Castletymon Shopping Centre, whom it is stated hold this premises under lease dated 2nd October 1984 but which does not appear to have been registered.

 It is claimed by the Solicitors that their client, Clivco Enterprises  Limited had purchased the freehold title to this premises from Ventnor Developments Limited on the 16th December 1986. A Deed of Transfer of the freehold portion of Folio 30370F relating to Unit 2 which had been signed by the relevant parties, i.e. Ventnor Developments Ltd and Clivco Enterprises Limited has been submitted to the Council in support of this claim. The Deed of Transfer was not lodged with the Property Registration Authority for registration at the time and accordingly the title passed to the Council following the acquisition of the lands contained in Folio DN 30370F from the Minister for Finance.

 The Solicitors for Clivco Enterprises Limited now require the consent of the Council to the registration of the freehold title to this unit. Following Senior Counsel’s advice in relation to a similar case for Unit 3, Castletymon Shopping Centre, the Council approved the disposal of the freehold interest in that case.

 The Council’s  Solicitor, has indicated that the Council should now approve the  transfer of the freehold title to Clivco Enterprises Limited for Unit 2, Castletymon Shopping Centre.

 Accordingly, I 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 freehold interest in Unit 2 Castletymon Shopping Centre to Clivco Enterprises Limited subject to the followings terms and conditions:

 1   That the property being disposed of is Unit 2 (shown hatched in black on attached folio map DN30370F and marked No. 4), Castletymon Shopping Centre, Tallaght, Dublin 24.

          

2     That the Council will transfer the freehold interest in the property which is subject to and with the benefit of a lease dated 2nd October 1984 for a term of 33 years from 1st  April 1984.

3      That  Clivco Enterprises Limited pay the Council’s Legal fees

4     That all outstanding Rates, Taxes and other outgoings due on the property to be disposed of up to and including the date of completion shall be paid by Clivco Enterprises Limited.                                           

 The lands being disposed of form part of lands acquired from the Minister for Finance by Deed of Waiver in 1997 for Housing Purposes.  

 J. Horan

County Manager