COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, July 12, 2010

HEADED ITEM NO. 7c) (i)

 

Proposed land Exchange at Monastery Gate, Red Cow/M50 Roundabout, Clondalkin, Dublin 22 – South Dublin County Council and Cherrybridge Properties Limited

 Cherrybridge Properties Limited  developed an apartment complex adjacent to Monastery Gate and the Red Cow Roundabout known as Mount Talbot on foot of a planning permission some years ago. One of the conditions of the planning permission granted, required the developer to comply with the requirements of the Council’s Parks Department in relation to an exchange of lands with the Council as shown on Indicative Drawing No 08655C1a to provide a mutually beneficial regularisation of boundaries to improve the layout of each parties landholdings. The lands to be transferred by the Council comprised of dedicated open space and title has only recently been registered by the Property Registration Authority.

 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 two plots of land comprising 1359 sq. m or thereabouts as shown coloured in blue on attached Indicative Drawing No. 08655C1a to Cherrybridge Properties Limited in exchange for the acquisition from Cherrybridge Properties Limited of the two plots of land comprising 1114 square metres as shown coloured in green on Indicative Drawing No. 08655C1a , subject to the following terms and conditions:-

 1.                 That the plots to be disposed of are of equal value.

 2.                 That Cherrybridge Properties Ltd, shall comply with the condition of the planning permission granted for the Mount Talbot development and with the requirements of the Council’s Parks Department in relation to the provision of boundary treatment along the re-aligned boundaries.

 3.                 That  Cherrybridge Properties Limited shall be responsible for the Council’s legal and other conveyancing costs incurred in this matter.

 4.                 That the County Solicitor shall draft the necessary legal agreements and shall include any further terms he deems appropriate in Agreements of this nature.

 5.                 No exchange enforceable at law is created or intended to be created until exchange of contracts has taken place.

 The lands being disposed of by the Council form part of lands acquired from Grunder Ltd and Kelland Homes Ltd in 2005 for open space purposes.

 J. Horan

County Manager