COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, April 11, 2011
MOTION NO.6
MOTION: Councillor W. Lavelle
That this council requests the Manager to present a detailed report for discussion on all matters, including subsequent planning processes, pertaining to the land-swap agreement approved by councillors in November 2006 in which this council disposed of 41.5 acres of land at Balgaddy/Kishogue to Shelbourne Developments in return for 42.56 acres of land at Cooldrinagh; and in particular to advise if this land-swap has ever been subject to an external value-for-money audit or review.
REPORT:
The Council at its meeting on the 13th November 2006 noted a proposal to dispose of 41.50 acres approx. of land at Balgaddy, Clondalkin to Shelbourne Development Ltd in exchange for 42.56 acres approx. at Cooldrinagh, Leixlip subject to certain terms and conditions, Minute No. C/0619/06 refers.
Subsequent to the authorisation of the disposal to Shelbourne Development Ltd a Local Area Plan for Clonburris (which the disposal site forms part of) was published for comment by the Council in August 2007 and formally adopted by the Council on the 7th April 2008. Following the publication of the Local Area Plan in August 2007, Shelbourne Development Ltd were approached by the Minister for Education and Science who had an urgent need to provide a school in the area to meet the needs of the local community.
The Council consented to the negotiations between Shelbourne Development Ltd and the Minister for Education and Science as the site formed part of the development lands, as identified in the above exchange on the basis that the negotiations did not interfere or alter the substantive terms agreed between the Council and Shelbourne Development Ltd.
Terms were agreed between Shelbourne Development Ltd, South Dublin County Council and the Minister for Education and Science and permission was given to the Minister, in view of the urgency to provide a school, to enter onto the site and commence construction. The school opened in September 2008 on foot of terms of a license agreement granted by South Dublin County Council.
In order to facilitate the registration of title, the Minister for Education and Science subsequently requested that the Council formally dispose of the school site directly to the Minister for Education and Science.
The Council, at its meeting held on 14th September 2009, approved the disposal of the site directly to the Minister for Education and Science with the agreement of Shelbourne Development Ltd subject to terms and conditions, Minute No. H7i/0909 refers.
The terms and conditions relating to the above transactions were negotiated by the Chief Valuer and recommended by the Chief Valuer for the consideration and approval of the Council.
South Dublin County Council granted permission to Shelbourne Developments in respect of SD 09A/0149 on 5th February 2010. On 24th February 2011 An Bord Pleanala upheld the decision and granted planning permission for 833 residential units at Kishogue.
The application was for 898 units and one block of 65 units and 3 other units were omitted by condition by the Board. The block is on the south eastern corner of the lands beside the ORR and the permission states that a separate application may be made for a replacement building at this location. One of the conditions states that the Rail station must be operational prior to the first occupation of any dwelling.