COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, June 14, 2010
HEADED ITEM NO. 8(f)
Proposed land Exchange at Clonburris and Quarryvale, Clondalkin, Dublin 22 – South Dublin County Council and Dietacaron Limited and Barkhill Limited.
The South Dublin County Council Compulsory Purchase (Outer Ring Road –Adamstown Roundabout to N4) Order 2003, was confirmed without modification on 6th July, 2004. Notice to Treat was served on 16th August 2004 and Notice of Intention to Enter was served on 27th May 2005 on Dietacaron Limited (a Company in the Owen O’ Callaghan Group) who is the owner of the freehold interest in plots 22 and 26 of the aforementioned Compulsory Purchase Order. The Council took possession of these plots on 17/6/2005. The Council also wishes to acquire a further area of land, for the purposes of providing a salt barn, on the Lucan Road, Quarryvale which is owned by Barkhill Limited (another Company in the Owen O’ Callaghan Group).
The two plots included in the aforementioned Compulsory Purchase Order comprised a total of 5.86 acres approximately comprising permanent and temporary land take. Following construction of the road and accurate measurement of the areas the subject of the Compulsory Purchase Order, the permanent area required for the road scheme measures 3.84 acres or thereabouts and the remaining area measuring 2.02 acres approximately is to be returned to Dietacaron Limited. The Council entered into negotiations with Dietacaron Limited and Barkhill Limited to agree a cost neutral land exchange to acquire the lands necessary for the road scheme and the salt barn site and to regularise boundaries of other adjoining lands owned by both the Council and Dietacaron Limited in the Clonburris area.
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 approve an exchange of land with Dietacaron Limited and Barkhill Limited at Clonburris and Quarryvale, which will be cost neutral to each party and in full and final settlement of any claims by Dietacaron Limited arising out of the aforementioned Compulsory Purchase Order, as set out hereunder:
1. That the Council shall transfer the unencumbered freehold or equivalent title in possession to Dietacaron Limited, for no consideration, in the parcels of land as shown on Indicative Drawing No CA 303 22/26-4 and listed hereunder, subject to wayleaves to be retained by the Council.
a) The areas coloured red (including area coloured red and hatched yellow) on Indicative Drawing No. CA303 22/26-4 having a total area of 2.4 acres approximately to be transferred to Dietacaron Limited subject to the Council retaining a wayleave over the area shown hatched in yellow for access to and the maintenance of services laid therein.
b) The buff coloured area on Indicative Drawing No CA303 22/26-4 having a total area of 4.3 acres approximately to be transferred to Dietacaron Limited. Whatever part of these lands (if any), are required for future road/services purposes in the course of the development of the adjoining lands, will be made available at no cost to the Council or Developers.
c) The area coloured yellow and hatched in red on Indicative Drawing no CA 303 22/26-4 having an area of 2.02 acres approximately which comprises part of plots 22 and 26 of the aforementioned Compulsory Purchase Order, but which is not required for road purposes permanently shall be returned to Dietacaron Limited, who shall retain title to this area subject to them granting a wayleave over the area in favour of the Council for access (for all purposes) and to existing or future services, at no cost to the Council.
Note: The Council shall carry out appropriate restoration/re-instatement works to any of the retained wayleave areas where ground works are carried out by the Council at any time.
Note: Suitable boundary fencing shall be erected by Dietacaron Limited when and where directed by the Council, at Dietacaron’s cost.
2. That Dietacaron Limited and Barkhill Limited shall transfer the unencumbered freehold or equivalent title in possession to the Council, for no consideration, in the parcels of land shown on Indicative Drawing No CA 303 22/26-1 &-4 and listed hereunder:
a) Dietacaron Limited shall transfer portion of the two plots of land included in the aforementioned Compulsory Purchase Order comprising a total of 3.84 acres or thereabouts as shown coloured purple (being the as constructed roadway) together with area hatched in blue on Indicative Drawing No CA 303 22/26-4.
b) Barkhill Limited shall transfer the Salt Barn Site at Lucan Road, Quarryvale having an area of 1.8 acres or thereabouts as shown outlined in red on Indicative Drawing No. CA303 22/26-1. Barkhill Limited shall also transfer to the Council any interests or rights held in the small plots immediately to the north or south of the outlined area, together with any interest, access, or wayleave rights held in the adjoining roadways and roundabouts.
3. That the Council shall have no liability to pay compensation under any heading or to pay any fees, interest on compensation or costs to Dietacaron Limited, arising in respect of notices to treat served under the South Dublin County Council Compulsory Purchase (Outer Ring Road –Adamstown Roundabout to N4) Order 2003, plots Nos 22 and 26. Dietacaron Limited claimed a freehold interest with vacant possession in the subject lands.
4. That on completion of this agreement Dietacaron Limited or Merrygrove Limited (a related company) shall have no further liability to the Council in respect of land cost inputs or road construction capital cost liabilities only, in respect of that section of the Adamstown Link Road from the eastern boundary of plot 26 of the Compulsory Purchase Order referred to at 3 above (junction with Fonthill Road) to the roundabout on the Outer Ring Road.
5. That accommodation works under the Compulsory Purchase Order referred to at 3 above are as constructed.
6. That in the event that any VAT liability arises in respect of the transfer to the Council of the lands set out at 2 above, it shall be paid by Dietacaron Limited and /or Barkhill Limited.
7. That all outstanding charges, rates and taxes (if any) on the lands shall be cleared prior to the completion of the transaction.
8. That each party shall be responsible for their legal, valuers and any other conveyancing costs incurred in this matter.
9. That the above proposal is subject to a survey and final measurement of the lands and to satisfactory proof of title. The Council to prepare accurate transfer maps following final survey for inclusion with the contract documentation.
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 agreement 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 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