COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, June 13, 2011

HEADED ITEM NO. 8c) (i)

Re:  Proposed disposal of three car parking spaces adjacent to CourthouseSquare, Tallaght , Dublin 24 to Townlink Construction Ltd

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The Council owns lands adjoining Tallaght Courthouse comprising of car-park and undeveloped land. A number of commercial buildings back onto the Courthouse Square lands leaving it somewhat secluded. This area of Tallaght Village was included in the Integrated Area Plan for Tallaght( I.A.P.) and the URBAN Renewal Scheme 1999 under which tax incentives were available for development/ re-development of certain designated sites. The Council was supportive of proposals by owners of various premises adjoining the Courthouse Square to redevelop their premises and in particular the development of double fronted premises which would also overlook the Courthouse Square. The Council’s lands at this location  were to be redeveloped as a landscaped car-park and some spaces allocated under licence to the owners of the re-developed premises to facilitate their increased car-parking requirements. The adjacent premises have since been re-developed  but the car-park has yet to be re-constructed.

The developer of the extension to the Probation Centre which bounds the Courthouse Square to the south, Townlink Construction Ltd   has been in discussions with the Council in relation to acquiring a small number of car parking spaces at the entrance to the Courthouse. These spaces are as shown on Indicative Drawing  LD 912 attached and are located outside the entrance gate to the Courthouse. Following negotiations with Townlink Construction Ltd and the Council’s Chief Valuer, agreement was reached in principle to dispose of the three car-parking spaces in question to the Company, subject to certain terms and conditions.

 Accordingly, I recommend that the Council dispose of the area of land comprising of three car-parking spaces adjacent to the entrance to the Tallaght Courthouse consisting of 43 square metres or thereabouts, as shown outlined in red on the attached Indicative Drawing No. LD 912 together with a right of way over the area shaded in yellow on Indicative Drawing No. LD 912 to Townlink Construction Ltd, the developer of the adjacent premises, 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 and subject to the following terms and conditions:

  1.  That the demised plot is as shown outlined in red on the attached Indicative Drawing No. LD 912 having a net area of 43 square metres or thereabouts together with a right of way over the area shaded yellow on Indicative Drawing No. LD 912.
  2.  That the Applicant shall pay a capital premium of €20,000.00 (twenty thousand euro) to the Council and shall receive a lease for a term of ninety nine years from a date to be agreed. The capital premium may be offset in whole or in part in exchange for the Applicant carrying out works to an equal value to develop the proposed car-park on the remainder of the Council’s lands at Courthouse Square.
  3. That the initial rent shall be at the rate of €1 per annum (if demanded) and shall incorporate five yearly rent reviews based on changes in the consumer price index as assessed by the Council’s Valuer.
  4. That the demised plot shall be used by the Applicant for the provision of carparking only.
  5. That the Applicant shall not erect any buildings, permanent structures (including walls), advertisement hoardings or antennae on the demised plot.
  6. That the Applicant shall be liable for commercial rates, insurances and for any costs involved in securing and keeping the demised plot in good order and repair.
  7. That the Applicant shall not carry out any excavations on the plot other than in respect of any works required for securing and surfacing of the plot...
  8. That the Council, or any relevant utility providers, shall have a full right of access at any time to services or pipelines traversing the site (if any). 
  9. That the Applicant shall be prohibited from assigning or subletting the plot without first obtaining the Council’s consent in writing.
  10. That the Applicant shall obtain adequate public liability insurance to indemnify the Council against any claims in respect of its occupation of the land.  The minimum limit of indemnity required is €6.5 m any one accident.
  11. That the Applicant shall take all measures necessary to ensure that no vehicle is parked on the area of the right of way or in the subject plot in such a manner that it would impede access over the area of the right of way.
  12. That the Applicant shall not cause to be placed on the demised plot anything that will overburden or cause damage to any underlying pipelines or services.
  13. That the land may not be included in any planning application submitted by the Applicant (or other party) other than for the proposed use at 4 above. 
  14. That all items not belonging to the Council will be removed and the site left in a clean and tidy condition at the Applicants’ expense on termination of the Lease Agreement by either party.
  15. That in the context of any future redesign or redevelopment of the adjoining lands, the Council reserves the right to relocate the car parking spaces or access to the demised plot to an alternative site in the vicinity subject to obtaining the necessary planning approval.
  16. That the lease shall be drafted by the Council’s Law Agent and shall include any other terms and conditions as he deems appropriate.
  17. That the Council shall prepare accurate lease maps.
  18. That each party shall be responsible for its own costs in this matter
  19. That the disposal is subject to the necessary approvals and consents being obtained.
  20.  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 Lands pursuant to the Local Government (Dublin) Act, 1993.

J. Horan

County Manager