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. 17

DEED OF CHARGE FOR BOWLING GREEN AT GREENHILLS PARK, DUBLIN 12

REPORT:

Registration of Deed of Covenant and Charge in favour of the Minister for Transport, Tourism & Sport on Council land at Greenhills Park in respect of Sports Capital Grant for the development of Bowling Green Facilities.

The Council has been successful in obtaining approval to Sports Capital Grants from the Department of Transport, Tourism & Sport, in the sum of €220,000 for the purpose of constructing of Bowling Green on Council land within Greenhills Park. The Greenhills Bowling Club will utilise and manage this facility under Licence from the Council.

A condition of the payment of the grant monies requires the Council as owner of the land to enter into a Grant Agreement and a Deed of Covenant and Charge with the Minister for Transport, Tourism & Sport to continue to use the facility for community/sporting purposes for a specified period of up to fifteen years and in the event of it failing to do so, to repay all or part of the grant on a reducing scale.  This Deed of Covenant and Charge is to be registered as a burden against the Council’s title to enable the draw down of grant monies in the sum of €220,000 (Two Hundred and Twenty Thousand Euro).  The Council holds registered title to the land under Folio no. DN 50573F and the location for the Deed of Covenant and Charge is indicated on Drawing No. PLS 1229-21A. 

 In accordance with Section 66 of the Local Government Act, 2001 the Council may approve the granting of any ‘financial assistance whether by grants, loans, guarantees or other financial aid, lands or other structures etc’ for matters of this nature, such approval to be by way of resolution of the Council. The above definition would include accepting a charge against Council property in respect of funds provided by other parties for facilities constructed thereon.

Accordingly it is recommended that the Council adopt the following resolution:

“That subject to the provisions of Section 66 of the Local Government Act, 2001,  the Council enter into a  Deed of Covenant and Charge with the Minister for Transport, Tourism & Sport, which is for the absolute sole purpose of securing the approved state grant funding of €220,000, to construct a changing a bowling green facility at Greenhills Park as shown on attached indicative Drawing PLS 1229-21A, for community/sporting purposes for a specified period of up to fifteen years and in the event of it failing to do so, to repay all or part of the grant monies on a reducing scale. This Deed of Covenant and Charge is to be registered as a burden against the Council’s title”.