COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, December 13, 2010
HEADED ITEM NO. H8(d)
The Department of Education and Skills approached the Council to identify a site in the Lucan area for a primary school. Having carried out an extensive examination of the Council’s lands, a site in Esker was identified, as outlined on Indicative Drawing No. Dev 11/2010 attached, as being suitable.
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 of a site comprising 4.34 acres or thereabouts at Esker, Lucan as shown outlined in red on attached Indicative Drawing No. Dev 11/2010 to the Minister for Education and Skills, subject to the following terms and conditions:
1. That the Council will dispose of the freehold interest in that part of the lands shown outlined in red on the attached Indicative Drawing No. Dev 11/2010 comprising of approximately 4.34 acres to the Minister for Education and Skills. A detailed drawing will be prepared and agreed between the parties.
2. A monetary consideration in the sum of €450,000 (four hundred and fifty thousand) euro per acre plus VAT if applicable shall be paid by the Minister for Education and Skills to the Council on the closing of the sale.
3. The Council will relocate the existing Parks Depot within the subject lands to other land in its ownership and the Minister for Education and Skills will carry all costs associated with the relocation of the existing Parks Depot to the new location. This will include for the construction of a new Depot, ancillary building, facilities, boundaries, access road and services. The completed Depot to be to a turn- key finished standard. The estimated cost of the Depot is in the region of €2,250,000 (two million two hundred and fifty thousand) euro plus VAT if applicable.
4. The Minister for Education and Skills shall allow the Council sufficient time for the purposes of providing vacant possession of the subject lands.
5. The Minister for Education and Skills shall notify the Council in writing i.e. the Director of Development, Parks and Roads two months in advance of its intention to enter onto the subject lands in order that the Parks Department may remove all workshop equipment and two portacabins. For the avoidance of doubt the Council will not be responsible for carrying out any further works on the site prior to disposal.
6. The Minister for Education and Skills agrees to the transfer the full consideration of €4,203,000 (four million two hundred and three thousand) euro plus VAT if applicable to the Council by 20th December, 2010. The foregoing monies shall be held by the Council on trust for the Minister until such time as legally binding contracts are entered into between the Minister and the Council.
7. The Minister for Education and Skills shall provide and erect a new boundary on the line A – B as shown on Indicative Drawing No. Dev 11/2010 and shall agree details with the Council’s Environmental Services Department.
8. The Minster for Education and Skills shall be responsible for payment of all the Council’s reasonable valuer’s and legal costs associated with the conveyance of the development.
9. That the Council shall prepare accurate maps of the subject lands suitable for Land Registry purposes.
10. That the Council shall retain a wayleave and right of way for no consideration, over area hatched yellow on Indicative Drawing No. Dev 11/ 2010 for the purpose of access to and maintenance of services that exist within the subject lands or to any new services laid therein in the future, subject to the appropriate re-instatement of any lands so affected. The Minister for Education and Skills will be responsible for the relocation of all or any services within the subject lands necessary for the development of the site, subject to agreement with the Council’s Environmental Services Department.
11. The Minister for Education and Skills shall identify a site within the subject lands or elsewhere in the Esker area for the provision of a pre-school.
12. That the Minister for Education and Skills shall obtain planning permission for the proposed development of the subject lands.
13. That the Council’s Law Agent shall draft the necessary legal agreements and may include further terms and conditions or make such reasonable alterations, additions and modifications thereto as shall be agreed between the Council and Minister for Education and Skills.
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 Lands pursuant to the Local Government (Dublin) Act, 1993.
J. Horan
County Manager