COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF LUCAN AREA COMMITTEE
Tuesday, June 28, 2011
MOTION NO. 21
MOTION: Councillor W. Lavelle
That this Committee requests the Manager to present a detailed updated report for discussion on the status of the land-swap agreement approved by the then Councillors in November 2006 in which this Council disposed of 41.5 acres of land at Balgaddy/Kishogue to Shelbourne Developments, noting that subject to clause 13 of the agreement if “the construction works on Plot A1 and Plot B have not commenced within three months of the date of final grant of planning permission for the development… then either party may by written notification rescind the agreement in relation to plots A1 & B” and further noting that no construction has commenced within three of the grant of permission by an Bord Pleanála on 24th February 2011.
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.
The terms and conditions relating to the exchange 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 Pleanála upheld the decision and granted planning permission for 833 residential units at Kishogue.
Clause 13 of the Agreement between South Dublin County Council and Shelbourne Development states:
"That subject to the provisions of condition 14, if the construction works on Plot A1 and Plot B have not commenced within three months of the date of final grant of planning permission for the development, or if construction works on Phase 1 are not practically completed within thirty months from the date of final grant of planning permission for the development, then either party may by written notification rescind the agreement in relation to plots A1 & B. If a rescission notice is served by the Council, Shelbourne Development and its financial institution will be given a 45 day period to either (a) satisfy the Council that the rescission notice should be withdrawn or (b) allow Shelbourne Development’s financial institution to step into the agreement and fulfill Shelbourne Development’s obligations. Should (a) or (b) not occur then any monies paid over under 3 above shall be repaid without the payment of interest and the provisions of 6 (a), (b) and (c) above shall then apply to Plot A.
Note: The entire Development on Plots A, A1 & B must be completed under one building contract in one phase or, alternatively, in not more than two consecutive phases amounting not more than forty-two months in total. In order to expedite delivery of the development, Shelbourne Development will be entitled to bring in one or more contractor(s). Phases must include the completion of the following minimum development levels.
Phase 1 will consist of the full development of Plot A1 and Plot B for Park and Ride and residential development and some limited commercial development.
Phase 2 will consist of the full development of Plot A for residential development and some limited commercial development (if sought and approved).
Shelbourne Development Limited must forward a copy of the building programme to the Council within three months of the date of final grant of planning permission (being the base/chief planning permission for the Development) or at least one month before work commences on each phase of the Development, whichever is the earlier."
The Council has been in discussions with Shelbourne Developments regarding the project and Shelbourne Developments have informed the Council that they intend to develop the lands. However, their Business Plan is being considered at present by the National Asset Management Agency and the matter cannot be progressed further until the Business Plan has been ratified.