COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, June 14, 2010

HEADED ITEM NO. 8(e)

The Beacon of Light Counselling Centre Limited (BLCC)has been accommodated at 4 Collinstown Grove, Clondalkin under a temporary licence from the Council since 2002. This property was originally built as an end of terrace three bedroom house but had been lying vacant for several years prior to the Council becoming the owners of the property. The BLCC was operating in the Clondalkin area at the time from a small office located at the side of the St. Peter Apostle Church , Neilstown  but  required larger accommodation to expand their services to meet an increasing demand. The house at 4 Collinstown Grove was restored and let to BLCC on a temporary letting. The stated objectives of the BLCC include the provision of high quality, affordable and accessible counselling service to adults children and families living in the greater Clondalkin area and organising personal development and educational training courses of interest to local residents and groups.  The BLCC has applied to the Council to acquire the property at 4 Collinstown Grove together with an adjoining plot of land to facilitate an extension to the centre subject to obtaining the necessary planning approvals.

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 by way of lease of property at 4 Collinstown Grove, Clondalkin together with an adjoining plot of land, measuring approximately 610 square metres, as shown outlined in red on Drawing No. FI-002 to The Beacon of Light Counselling Centre Limited subject to the following terms and conditions.

1.      The area to be leased comprises of the existing premises at 4 Collinstown Grove, Clondalkin together with adjoining plot of land and any buildings or other development to be constructed thereon during the term of the lease, as shown outlined in red on Drawing No FI-002.

2      The lease shall be for a period of 35 years.      

3.     The annual rent shall be in the sum of € 19,500.00 (nineteen thousand five hundred euro) exclusive of all outgoings and shall be subject to review at the end of every fifth year to the annual open market rent  which shall be determined by a Chartered Valuation Surveyor appointed by the Council or on the basis of the increase (if any) in the Consumer Price Index or the passing rent, whichever is greater. 

 Notwithstanding the rent so reserved, the annual rent shall be abated  to the sum of €100.00 (one hundred euro) per annum, if demanded, exclusive of all outgoings subject to the property being used for the purposes of a Centre for the provision of counselling, educational, training and personal development support to adults, children and         families in the surrounding areas. The abated annual rent shall be reviewed at the end of every fifth year  on the basis of the increase in the consumer price index.

4.     That the use of the demised premises shall be for non-profit making purposes and more specifically for the purpose of a Centre for the provision of counselling, educational, training and personal development support to adults, children and families in the surrounding areas and all ancillary services associated with the running of the centre. In the event of it ceasing to be used for such purposes, the demised premises on receipt of written notice from the Council will revert free of charge to the Council with full vacant possession and in a good state of repair and condition or  the Council shall have the right to charge the full market rent.

5.     That the Lessee shall be responsible for all outgoings including rates, charges, fees and electricity bills that may become payable on the premises during the period of the lease.

 6.     That the Lessee shall keep the premises in a good state of repair and carry out all necessary maintenance and repairs. An authorised Council Official shall be permitted to enter onto the demised premises 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.

 7.     That the Lessee shall at all times ensure the leased area is kept in such condition that it shall be an amenity to the neighbourhood and a place of pleasant resort and shall not allow it to be used so to be a nuisance to persons resorting to it or to owners or occupiers of surrounding houses or members of the public. In particular, they shall not allow undue noise or commotion to emanate from the building at any time during its opening hours.

 8.     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, which consent shall not be unreasonably withheld.

 9.     That the Lessee shall provide an adequate security service on the demised premises.

 10. That any signage if permitted shall be subject to Council approval and shall be in accordance with the specifications of the Council.

11. That the Lessee shall be prohibited from erecting any mast, tower, aerial or hoarding on the demised premises.

 12. That the Lessee shall not carry out any alteration or development of the demised premises or erect any structure or make any excavation without the prior written consent of the Council.

13. That the sale, manufacture or consumption of intoxicating liquor shall not be permitted in or about the demised premises.

 14. That the demised premises or any part thereof shall not be used as a residence.

15. That the Council reserves wayleaves where necessary over the demised premises or  through any related areas, or lands to which it holds title, for the purposes of access to services, whether existing or newly constructed services or for any of it’s statutory purposes subject to the appropriate re-instatement of any lands so affected. The Council reserves the right to connect free of charge to any services laid or to be laid within the subject land. The written agreement of the Council will be required where the relocation of public services is proposed.

16. That the Lessee shall comply at all times with the requirements of the Local Government (Planning and Development) Acts, 1963-2000, the Planning and Development Act 2000- 2006, 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.

 17. That the Lessee shall comply at all times with the requirements of all present and future Waste Management and Litter Pollution legislation.

18. 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 it’s original state.

19. That the Lessee shall indemnify the Council in the sum of €6.4m (six million four hundred thousand euro) 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 from the Lessees occupation and use of the demised premises.

20. 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.

21. 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 facility in the locality.

 22. That the lease shall include any amendments and/or other conditions as are deemed  appropriate by the Council or Law Agent.

23. The applicant shall be responsible for the payment of any V.A.T or other taxes or charges due to the creation of the lease.   

24. That the above proposal is subject to satisfactory proof of title.

25. That the above proposal is subject to the necessary consents and approvals being obtained.               

26.  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 Dublin City Council (formerly Dublin Corporation) in 1997 under the Scheme of Transfer of Houses and Lands pursuant to the Local Government (Dublin) Act, 1993.

J. Horan

County Manager