COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, September 12, 2011

HEADED ITEM NO. 14

FETTERCAIRN COMMUNITY CENTRE - APPROVAL OF REGISTRATION OF CHARGE IN FAVOUR OF THE MINISTER FOR TRANSPORT, TOURISM AND SPORT

The Council completed an extension to Fettercairn Community Centre to provide a designated youth facility for the local community of Fettercairn.  This was provided along with the construction of 40 dwellings and an extension to the existing crèche at Fettercairn Village.

The Council was approved by the Department of Transport, Tourism and Sport, the sum of €250,000 from the 2007 Sports Capital Programme, towards the cost of the extension to the Community Centre, along with €75,000 in a RAPID top-up grant.

A condition of the payment of the grant monies requires the Council, as registered owner of the property, to enter into a Deed of Covenant and Charge with the Minister for Transport, Tourism and Sport to ensure the continued use of the facility for community and sporting purposes for a specified period of 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 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 and Sport, which is for the absolute sole purpose of securing the approved state grant funding of €325,000, to continue the use of the facility at Fettercairn Community Centre, Tallaght, Dublin 24 (property as shown outlined in red on attached map) for community 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”.